WT/REG352/1  
13 April 2015  
(15-1968)  Page: 1/55  
Committee on Regional Trade Agreements   
 
 FACTUAL PRESENTATION 
DEEP AND COMPREHENSIVE FREE TRADE AREA CO NCLUDED AS A PART OF THE ASSOCIATION 
AGREEMENT BETWEEN THE EUROPEAN UNIO N AND THE REPUBLIC OF MOLDOVA  
(GOODS AND SERVICES) 
Report by the Secretariat 
This report, prepared for the consideration of the Deep and Comprehensive Free Trade 
Area concluded as a part of the Associat ion Agreement between the European Union 
and the Republic of Moldova, has been dr awn up by the WTO Secretariat on its own 
responsibility and in full consultation with the Parties. The factual presentation reproduces as closely as possible the terminology used in the Agreement and in the 
comments provided and does not imply offi cial endorsement or acceptance by the 
Secretariat of such terminology. The report has been drawn up in accordance with the rules and procedures contained in the Decision for a Transparency Mechanism for 
Regional Trade Agreements (WT/L/671) and thus does not imply any value judgement 
by the Secretariat regarding the contents of the Agreement. 
Any technical questions arising from this report may be addressed to Jean-Daniel Rey 
(tel: +41 22 739 52 64). Any statistical questions arising from this report may be 
addressed to Rowena Cabos (tel: +41 22 739 51 85). 
 
 WT/REG352/1 
 
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TABLE OF CONTENTS 
Page 
1   TRADE ENVIRONMENT ................................................................................................. 5  
1.1   Merchand ise trade ..................................................................................................... 5  
1.2   Trade in servic es and inve stment ................................................................................. 7  
2   CHARACTERISTIC ELEMEN TS OF THE AG REEMENT ...................................................... 9  
2.1   Background  Information ............................................................................................. 9  
2.2   Structure of the Agreement ........................................................................................ 10 
3   PROVISIONS ON TRADE IN GOODS ........................................................................... 10  
3.1   Import duties and charges,  and quantitative  restrict ions ................................................ 11 
3.1.1   Genera l provisions ................................................................................................. 11 
3.1.2   Liberalization of  trade and ta riff lines ........................................................................ 11 
3.1.3   Liberali zation schedule............................................................................................ 11 
3.1.3.1   The European Union ............................................................................................ 12 
3.1.3.2   Moldova ............................................................................................................. 14 
3.1.4   Tariff rate quotas ................................................................................................... 16 
3.2   Rules of origin .......................................................................................................... 17 
3.3   Export duties and charges,  and quantitative  restrictions ................................................. 18 
3.4   Regulatory provisions on trade in goods ....................................................................... 18 
3.4.1   Standards ............................................................................................................. 18 
3.4.1.1   Sanitary and phytosanitary measures .................................................................... 18 
3.4.1.2   Technical barriers to trade .................................................................................... 18 
3.4.2   Safeguard mechanisms ........................................................................................... 19 
3.4.2.1   Global safeguards ............................................................................................... 19 
3.4.2.2   Bilateral safeguards ............................................................................................. 19 
3.4.2.3   Anti-circumvention mechanism for agricultural products and processed 
agricultural products ........................................................................................................ 20 
3.4.2.4   Safeguard measures related to  balance of payment (BOP) difficulties ......................... 20 
3.4.3   Anti-dumping and countervailing measures ............................................................... 20 
3.4.4   Subsidie s and State-aid .......................................................................................... 20 
3.4.5   Customs-re lated procedures .................................................................................... 20 
4   PROVISIONS ON TRADE IN SERVICES ....................................................................... 21  
4.1   Scope and definitions ................................................................................................ 22 
4.2   Denial of benefits ..................................................................................................... 23 
4.3   General provisions on trade in services ........................................................................ 23 
4.3.1   National treatment and MFN .................................................................................... 23 
4.3.2   Mark et acce ss ....................................................................................................... 23 
4.3.3   Commercial presence ............................................................................................. 24 
4.3.4   Performanc e requirements ...................................................................................... 24 
4.3.5   Senior Managers and Boards of  Direct ors .................................................................. 24 WT/REG352/1 
 
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  4.3.6   Movement of  natural persons .................................................................................. 24 
4.4   Liberalization commitments ........................................................................................ 25 
4.4.1   The European Union ............................................................................................... 25 
4.4.1.1   MFN and hori zontal comm itments .......................................................................... 25 
4.4.1.2   Sector sp ecific commitments ................................................................................ 26 
4.4.2   Moldova ...............................................................................................................  29 
4.4.2.1   MFN and hori zontal comm itments .......................................................................... 29 
4.4.2.2   Sector sp ecific commitments ................................................................................ 29 
4.5   Regulatory provisions ................................................................................................ 32 
4.5.1   Domestic regulation ............................................................................................... 32 
4.5.2   Recognition ........................................................................................................... 32 
4.5.3   Subsidies .............................................................................................................. 32 
4.5.4   Safeguards ........................................................................................................... 32 
4.5.5   Other ................................................................................................................. .. 32 
4.5.5.1   In vestment ........................................................................................................ 32 
4.5.5.2   Monopolies and ex clusive servic e suppliers ............................................................. 33 
4.5.6   Taxation measures ................................................................................................. 33 
4.6   Sector specific provis ions on trade in services ............................................................... 33 
4.6.1   Comput er services ................................................................................................. 33 
4.6.2   Postal and courier se rvices ...................................................................................... 33 
4.6.3   Electronic communicati on networks an d services ........................................................ 33 
4.6.4   Financial services ................................................................................................... 33 
4.6.5   International maritime tran sport services an d air tran sport .......................................... 34 
4.6.6   Electr onic commerce .............................................................................................. 34 
5   GENERAL PROVISIONS  OF THE AGREEMENT ............................................................. 35  
5.1   Tran sparency ........................................................................................................... 35 
5.2   Current payments and capital movements .................................................................... 35 
5.3   Exceptions ............................................................................................................... 35 
5.3.1   Genera l exceptions ................................................................................................ 35 
5.3.2   Security exceptions ................................................................................................ 36 
5.4   Accession and Withdrawal .......................................................................................... 36 
5.5   Government procurement  ......................................................................................... 36 
5.6   Intellectual property rights ......................................................................................... 37 
5.7   Disput e settlement ................................................................................................... 38 
5.8   Institutio nal framework ............................................................................................. 41 
5.9   Relationship with other agr eements concluded by the Parties .......................................... 41 
5.10   Other .................................................................................................................. .. 43 
5.10.1   Trade-related energy ............................................................................................ 43 
5.10.2   Trade and sust ainable development ........................................................................ 43 
5.10.3   Competition ........................................................................................................ 44 WT/REG352/1 
 
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  5.10.4   Economic and othe r sectoral c ooperation ................................................................. 45 
ANNEX 1 ....................................................................................................................... . 46 
ANNEX 2 ....................................................................................................................... . 50 
 WT/REG352/1 
 
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Key Facts 
 
Parties to the Agreement:  European Union (Austria; Belgium; Bulgaria; Croatia; 
Cyprus; Czech Republic; Denmark; Estonia; Finland; 
France; Germany; Greece; Hungary; Ireland; Italy; 
Latvia; Lithuania; Luxembourg; Malta; Netherlands; 
Poland; Portugal; Romania; Slovak Republic; Slovenia; 
Spain; Sweden; United Kingdom) and Moldova 
 
Date of Signature:   27 June 2014 
 
Date of Entry into Force: 1 September 2014 (provisional application prior to the 
completion of ratification by the European Parliament 
and EU Member States) 
 
Date of Notification:   30 June 2014 
 
Full implementation:  Goods: EU: 1 September 2014 
       Moldova: 1 January 2024 
Services:  1 September 2014 
 
1  TRADE ENVIRONMENT1 
1.1.  The Deep and Comprehensive Free Trade Area (hereinafter referred to as the Agreement) 
concluded as a part of the Association Agreement between the European Union and the Republic of 
Moldova between the European Union (hereina fter the EU) and Moldova is the EU's 37th and 
Moldova's 7th regional trade agreement (RTA).2 
1.2.  In 2013, with a population of 507 million, the EU's GDP was estimated at US$17,351 billion, 
while that of Moldova, with a population of 3.6 million was estimated at US$7.9 billion. The EU 
mainly traded manufactured products (representin g 77% of the EU's exports and 56% of imports) 
as was the case for Moldova (54% of Moldova's exports and 61% of its imports). Averaged over 
the period 2011-2013, the Parties' trade (goods and services) to GDP ratio was 34.9 for the EU 
and 127 for Moldova. 
1.1  Merchandise trade 
1.3.  In 2013, the EU's shares in total wo rld exports and imports were 15.3% and 14.8% 
respectively, while those for Moldova were 0.01% for exports and 0.03% for imports. With total merchandise exports of US$2,307 billion and impo rts of US$2,234 billion, the EU was the world 
largest global exporter and second largest importer, while Moldova ranked 1103
rd for exports and 
100th for imports (with exports of US$2.3 billion and imports of US$5.4 billion). 
1.4.  Based on 2013 trade data3, the EU was Moldova's largest source of imports4 and largest 
destination for exports5, while Moldova was the EU's 75th largest source of imports6 and 
63rd largest export destination.7 
                                               
1 Source for this section: WTO Trade Profiles 2014 (2013 data), Eurostat and UNSD Comtrade database. 
Export figures are calculated f.o.b. and import figures are calculated c.i.f. Ranking in world trade excluding 
intra-EU trade. For bilateral trade, the figures ar e based on Eurostat and UNSD Comtrade (2013 data). 
2 Agreements in goods and services counted as one an d only agreements in forc e, notified to the WTO. 
3 Source: Eurostat and UNSD Comtrade database. The national statistics of the Parties may slightly 
differ from the, also official, source s systematically used in the prep aration of factual presentations. 
4 In 2013, the five top sources of imports for Moldova were: the EU (45%); Russia (14.3%); Ukraine 
(12%); China (8.7%); and Turkey (6.9%).  
5 In 2013, the five top destinations for Moldova's exports were: the EU (47.6%) Russia (26.3%); 
Ukraine (5.9%); Turkey (5.35%) and Belarus (3.8%).  WT/REG352/1 
 
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  1.5.  Developments in global and intra-Party tr ade are presented in Charts 1.1 and 1.2 over the 
period 2001-2013. The EU's trade surplus with Moldova has widened during this period, particularly since 2007. In parallel, the EU maintained a global deficit until 2013 when it developed a small surplus, while Moldova's global trade show ed a rising deficit during the entire period.  
Chart 1.1 European Union and Moldova: bilateral and total merchandise trade 
(2001-2013) 
012345678
012345678
2001 2003 2005 2007 2009 2011 2013B. Moldova 2001-2013
(€ Billion)
Imports from EU (Right Axis)
Exports to EU (Right Axis)
Total Imports
Total Exports
012345678
02004006008001,0001,2001,4001,6001,8002,000
2001 2003 2005 2007 2009 2011 2013A. EU 2001-2013
(€ Billion)
Imports from Moldova (Right Axis)
Exports to Moldova (Right Axis)
Total Imports
Total Exports
 
Note: 
European Union covers data for EU (15) from 2000-2003, EU (25) from 2004-2006, EU (27) from 2007-2012 
and EU(28) from 2013. Trade flows exclude intra-EU trade. 
 Moldova: Exchange rate EUR per USD are: 1.12 (2001), 1.06 (2002), 0.89 (2003), 0.81 (2004), 0.80 (2005), 
0.80 (2006), 0.73 (2007), 0.68 (2008), 0.72 (2009), 0.76 (2010), 0.72 (2011), 0.78 (2012) and 0.75 (2013). 
 Source: Eurostat and UN SD Comtrade database. 
 
1.6.  The commodity structure of trade between Moldova and the EU, and between each Party and 
the world, during the period 2011-2013, is shown in  Chart 1.2, on the basis of Harmonized System 
(HS) Sections.  
1.7.  Recognizing that the figures contained in the Chart represent an average over a three year 
period, textiles, machinery and vegetable products together accounted for 53.2% of the EU's 
imports from Moldova (22.9% for textiles, 15.4% for machinery, and 14.9% for vegetable 
products), while these three sectors were respectively the EU's 6th, 2nd, and 10th global imports 
(representing together 28.1% of the EU 's global imports) and Moldova's 1st, 3rd and 4th largest 
global exports (corresponding together to 47.6% of Moldova's global exports).  
1.8.  Mineral products, machinery and chemical products represented half of Moldova's imports 
from the EU (18.7% for textiles; 17.8% for machinery and 13.6% for chemical products). These 
three sectors were respectively Moldova's top th ree global imports (representing together 40.3% 
of Moldova's global imports) and respectively the EU's 4th, 1st and 3rd largest global exports 
(corresponding together to 48.2% of the EU's global exports). 
 
 
 
                                                                                                                                               
6 In 2013, the five top sources of imports for th e EU were: China (16.6%); Russia (12.2%); the 
US (11.7%); Switzerland (5 .6%); and Norway (5.4%). 
7 In 2013, the five top destinations for the EU's exports were: the US (16.6%); Switzerland (9.8%); 
China (8.5%); Russia (6.9%); and Turkey (4.5%).  WT/REG352/1 
 
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  Chart 1.2 Moldova and European Union (27) Product Composition of merchandise trade, 
annual average (2011-2013) 
23
15
15107662337EU imports from Moldova (%)
31
20
86554333227EU's Global Imports (%)
20
17
1513655332210Moldova's Global Exports (%)
19
18
148765533327Moldova's imports from EU (%)
15
14
11
776664382214Moldova's Global Imports(%)
26
15
14775544229EU's Global Exports(%)Total: € 914 million Total: €1,734 billion
Total: €4.0 billion Total: €1,664 billionTotal:  €1.7 billion
Total: €1,638 million
 
Note: 
European Union covers data for EU (27) from 2011-2012 and EU (28) for 2013.  Moldova: Exchange rates Euros per USD are 0.72 (2011), 0.78 (2012) and 0.75 (2013).  Source: Eurostat and UN SD Comtrade database. 
 
1.2  Trade in services and investment 
1.9.  In 2012, the EU's shares of total commerc ial services exports and imports were 25.03% and 
20.21% respectively, while Moldova's share was 0.02% of both world exports and imports of services. With total commercial services export s of US$841 billion, and imports of US$652 billion, 
the EU was the world's largest exporter and largest importer of commercial services. Moldova was 
the 102
nd largest exporter (US$897 million) and 110th largest importer (US$921 million). 
1.10.  Charts 1.3 below shows global trade in co mmercial services for Moldova and for the EU (all 
based on data for the period 2001-2013). While Mold ova experienced a deficit in its global trade in 
services (except in 2008 and 2013), the balance for the EU is positive throughout the period, with a volume of trade more than two hundred times bigger  than for Moldova. For both Parties, trade in 
services has grown during the period despite the 2008-2009 slow-down associated to the financial 
crises. Travel and transportation services account for a large share of services traded by all the 
Parties with other business services also important exports and imports for the EU. WT/REG352/1 
 
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  Chart 1.3 Moldova and the EU: Trade in commercial services with the world, 2001-2013 
0100200300400500600700800900
2001 2003 2005 2007 2009 2011 2013A. EU imports from world
2001-2013
(€ Billion)
0100200300400500600700800900
2001 2003 2005 2007 2009 2011 2013B. EU exports to world
2001-2013
(€ Billion)
0100200300400500600700800
2001 2003 2005 2007 2009 2011 2013C. Moldova imports from world
2001-2013
(€ Million)
0100200300400500600700800
2001 2003 2005 2007 2009 2011 2013D. Moldova exports to world
2001-2013
(€ Million)
 
Note: 
European Union covers data for EU (15) from 2000-2003, EU (25) from 2004-2006, EU (27) from 2007-2012 
and EU(28) from 2013. Trade flows excludes intra-EU trade. 
 Moldova: Exchange rate EUR per USD are : 1.12 (2001), 1.06 (2002), 0.89 (2003), 0.81 (2004), 0.80 (2005), 
0.80 (2006), 0.73 (2007), 0.68 (2008), 0.72 (2009), 0.76 (2010), 0.72 (2011), 0.78 (2012) and 0.75 (2013). 
 Source: Eurostat and WTO Statistics Database. 
 
1.11.  Chart 1.4 below depicts each Party's foreign direct investment stocks with the world as well 
as the Party's FDI flows with the world which have grown steadily during the period 2001-2013. 
While the EU is a net investor in the world, Moldova is a net recipient of FDI. 
 WT/REG352/1 
 
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  Chart 1.4 Moldova and the European Union: FDI stock with the world, 2001-2013 
01,0002,0003,0004,0005,0006,000
2001 2003 2005 2007 2009 2011 2013EU FDI stock with world
2001-2013
(€ Billion) 
Outward Inward
Note: no data on FDI stock for 2013.0100200300400500600700800
2001 2003 2005 2007 2009 2011 2013EU FDI flow with world
2001-2013
(€ Billion) 
Outward Inward
05001,0001,5002,0002,5003,000
2001 2003 2005 2007 2009 2011 2013Moldova FDI stock with world
2001-2013
(€ Million) 
Outward Inward
-1000100200300400500600
2001 2003 2005 2007 2009 2011 2013Moldova FDI flow with world
2001-2013
(€ Million) 
Outward Inward
 
Note: 
European Union covers data for EU (15) from 2000-2003, EU (25) from 2004-2006, EU (27) from 2007-2012 and EU(28) from 2013. Trade flows excludes intra-EU trade. 
 
Moldova: Exchange rate EUR per USD are : 1.12 (2001), 1.06 (2002), 0.89 (2003), 0.81 (2004), 0.80 (2005), 0.80 (2006), 0.73 (2007), 0.68 (2008), 0.72 (2009), 0.76 (2010), 0.72 (2011), 0.78 (2012) and 0.75 (2013).
 
 Source: Eurostat and UNCTAD. 
 
2  CHARACTERISTIC ELEMENTS OF THE AGREEMENT 
2.1  Background Information 
2.1.  The Association Agreement between the European Union and the European Atomic Energy 
Community and their Member States, of the one pa rt, and the Republic of Moldova, of the other 
part, foresees, under Title V, the creation of a "Deep and Comprehensive Free Trade Area" 
(DCFTA). The factual presentation therefore fo cusses on the DCFTA (hereinafter called "the 
Agreement"). The Agreement was signed on 27 June  2014 and, provisionally entered into force on 
1 September 2014, in conformity with paragrap h 3 of Article 464. The EU Regulation on 
Autonomous Trade Preferences for Moldova (Counc il Regulation No 55/20008 of 21 January 2008 
and subsequent) continues to be in place and will co-exist with the Agreement until 31 December 2015. The Parties notified the goods and services aspects of the Agreement to the WTO on 30 June 2014 in document WT/REG352/N/1/Add.1 - S/C/N/743/Add.1. The notification was made pursuant 
to Article XXIV:7(a) of GATT 1994 for goods, and to Article V:7(a) of GATS for services. The text of 
the Agreement, together with its annexes, is available on the Parties' official websites: 
European Union: 
http://eeas.europa.eu/moldova/pdf/eu-md_aa-dcfta_en.pdf 
Moldova: WT/REG352/1 
 
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  http://www.gov.md/public/files/2013/ianua rie_2014/7048451_en_aco rd_asociere.pdf 
2.2  Structure of the Agreement 
2.2.  The Agreement is composed of 7 Titles and thirty-five Annexes, including the Parties' tariff 
elimination schedules, lists of reservations on establishment and commitments on cross-border 
supply of services. It also contains three Protocols,  including one on rules of origin, and three Joint 
Declarations. Box 2.1 below summarizes the structure of the Agreement.  
Box 2.1 Structure of the Agreement 
Titles, Chapters 
(including 
Annexes) and 
Protocols Title/description 
Preamble  
Title I General principles 
Title II Political dialogue and reform, cooperation in the field of foreign and security policy 
Title III Freedom, security and justice 
Title IV Economic and ot her sectoral cooperation 
Title V Trade and trade-related matters 
Chapter 1 National treatment and market access for goods 
Chapter 2 Trade remedies 
Chapter 3 Technical barriers to trade, standardiz ation, metrology, accreditation and conformity 
assessment 
Chapter 4 Sanitary and Phytosanitary measures 
Chapter 5 Customs and trade facilitation 
Chapter 6 Establishment, trade in services and electronic commerce 
Chapter 7 Current payments and movement of capital 
Chapter 8 Public procurement 
Chapter 9 Intellectual property rights 
Chapter 10 Competition 
Chapter 11 Trade-related energy 
Chapter 12 Transparency 
Chapter 13 Trade and su stainable development 
Chapter 14 Dispute settlement 
Chapter 15 General provisions on  approximation under Title V 
Title VI Financial assistance, and anti-fraud and control provisions 
Title VII Institutional, general and final provisions 
  
Annexes I-XXXV Supplementary provisions refe rring to specific parts of the Agreement 
  
Protocol I Framework Agreement between the EU and the Republic of Moldova on the General 
Principles for the Participation of the Re public of Moldova in Union programmes 
Protocol II Concerning the definition of the concept of "originating products" and methods of 
administrative cooperation 
Protocol III On mutual administrative assistance in customs matters 
Protocol IV Definitions 
Source: WTO Secretariat based on the Agreement. 
3  PROVISIONS ON TRADE IN GOODS 
3.1.  Under Title V, which covers trade and trade-related matters, Chapters 1 through 5 contain 
disciplines related to trade in goods.8 
3.2.  According to Article 143, the Parties shall progressively establish a free trade area, in relation 
to trade in goods, over a transitional period of a maximum of 10 years starting from the entry into force of the Agreement.  
3.3.  In addition to economic integration between the Parties, the Agreement is part of the goal of 
strengthening EU–Moldova relations, within the context of the EU-Moldova European Neighbourhood Policy Action Plan of February 200 5. One of the objectives of the Agreement is, 
consequently, to move forward the process of refo rms and approximation of the regulatory system 
of Moldova to that of the EU, thus contributing to gradual economic integration and deepening of 
                                               
8 Hereinafter when referring to specific Chapters without indicating the Title of the Agreement under 
which that Chapter ca be found, it  is meant that that Chapter is "under Title V of the Agreement". WT/REG352/1 
 
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  political association. A number of provisions therefore contain "approximation" provisions to guide 
Moldova's progressive integration with the EU's acquis . Chapter 15 contains general provisions on 
approximation in trade-related areas. In Articles 407-412, the Agreement sets disciplines and procedures relating to: progress in approximation in trade-related areas; repeal of inconsistent 
domestic law; assessment of approximation in trade-related areas; developments relevant to 
approximation; exchange of information; and general provisions. Moreover, under Chapter 2 of Title VII (Institutional, general and final provisio ns), the Agreement confirms that Moldova shall 
gradually approximate its legislation to EU law and international instruments as referred to in the 
Annexes to the Agreement, based on commitments in the Agreement, and according to the provisions of those Annexes (Article 448). These disciplines on gradual approximation shall be without prejudice to any specific provisions and obligations on approximation under Title V. 
Moreover, under the principle of dynamic approxim ation and in line with the goal of gradual 
approximation by Moldova's legislation to EU law, and in particular the commitments in Titles III (Freedom, security and justice); IV (Economic and other sectoral cooperation); V (Trade and 
trade-related matters); and VI (Financial assistance, and anti-fraud and control provisions), and 
provisions of the Annexes to the Agreement, the Association Council shall periodically revise and update the Annexes, including to take into acco unt the evolution of EU law, as defined in the 
Agreement. This is without prejudice to the specif ic provisions under Title V of the Agreement. The 
procedure to assess the results of the approxim ation process for title V is in Article 409.  
3.1  Import duties and charges,  and quantitative restrictions 
3.1.1  General provisions 
3.4.  The Parties agree to apply national treatment to each other's' imports in accordance with 
Article III of GATT 1994 and its interpretative notes,  which are incorporated into and made part of 
the Agreement, mutatis mutandis (Article 152). 
3.5.  Neither Party shall adopt or maintain any prohibition or restriction on the import of any good 
of another Party, except as provided in the Agreement or in accordance with Article XI of GATT 1994, which is, together with its interpretative  notes, incorporated into and made part of the 
Agreement mutatis mutandis (Article 153). 
3.6.  On the treatment of fees and charges, the Agreement replicat es the provisions of Article VIII 
of GATT 1994 (Article 151). 
3.1.2  Liberalization of trade and tariff lines 
3.7.  The Parties' tariff elimination commitments, which include reductions or elimination of 
customs duties, are scheduled in Annex XV to the Agreement. Neither Party may increase any customs duty set as the base rate
9 in Annex I or adopt any new customs duty on a good 
originating in the other Party. That shall not preclude them however from raising a customs duty 
to the level established in Annex XV following a unilateral reduction; or maintaining or increasing a customs duty as authorized by the WTO Dispute Settlement Body (Article 149). 
3.8.  Upon agreement between them, the Parties may consider accelerating and broadening the 
scope of the duty elimination programme (Paragraph 4 of Article 147). 
3.1.3  Liberalization schedule 3.9.  Annex XV to the Agreement contains the Parties' respective tariff elimination programmes.  
a. Annex XV-A lists the 9 tariff lines (at the HS eight-digit level) subject to annual duty-free 
tariff-rate quotas applied by the EU to imports from Moldova; 
                                               
9 Base rates are provided only partially, for Moldova, where the duty elimination takes place 
progressively (see Annex XV-D). In that case the existing rate shall not be increased. WT/REG352/1 
 
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  b. Annex XV-B lists the 20 tariff lines (at the HS  eight-digit level) which are subject by the 
EU to entry prices10; when imported from Moldova, the ad valorem  component of the 
import duty on these products is exempted; 
c. Annex XV-C contains the list of 124 agricultural and 49 processed agricultural products 
subject by the EU to an anti-circumvention mechanism11 (Article 148); and 
d. Annex XV-D contains Moldova's Schedule of concessions.12 
3.10.  During the third year after the entry into force of the Agreement, the Parties shall assess 
the situation with regard to elimination of customs duties on imports, taking into account the 
pattern of their bilateral trade in agricultural products, the particular sensitivities of such products and the development of agricultural policy in both  Parties. They shall examine the opportunities for 
granting each other further concessions with a view to improving liberalization of trade in 
agricultural products (Paragraphs 5 and 6 of Article 147). 
3.1.3.1  The European Union 3.11.  Table 3.1 shows tariff elimination commitm ents by the EU under the Agreement. The EU's 
applied tariff in 2014 consisted of 9,379 lines at the HS eight-digit level (HS 2012). 89.37% of the 
tariffs were ad valorem  and 997 lines had non- ad valorem  rates.
13 Before the entry into force of 
the Agreement, 2,356 lines were duty free, repr esenting 25.1% of the EU's total tariff. The 
customs duties elimination programme agreed by the EU as part of its commitments under the 
Agreement was implemented immediately, upon the entry into force of the Agreement on 1 
September 2014.  
In 2014, the number of the EU's MFN duty free lines (2,356 lines, or 25.1% of the tariff) 
corresponded to 77.9% of its imports from Mold ova during 2011-2013. Following the entry into 
force of the Agreement, an additional 6,994 lines (74.6% of the EU's tariff) became duty-free for 
imports from Moldova.14 As a result, 99.7% of the EU's tariff was duty free for imports from 
Moldova in 2014, corresponding to 99.8% of imports by value from Moldova. 29 tariff lines (0.3% 
of the tariff) remain dutiable for imports from Mo ldova, representing 0.2% of EU's total imports 
from Moldova during 2011-2013.  
Table 3.1: EU 
Tariff elimination commitments under the Ag reement and corresponding average trade 
Duty phase-out 
period Number 
of lines % of total lines 
in EU's tariff 
schedule Value of EU's imports 
from Moldova 
(2011-2013) 
€ million  % of EU's total 
imports from  
Moldova 
2011-2013 
MFN duty free (2014) 2,356 25.1 191.0 29.0 
2014 6,994 74.6 465.6 70.8 
Remain dutiable 29 0.3 1.1 0.2 
Total 9,379 100.0 657.6 100.0 
Note: Based on the HS 2012 nomenclature.  
Source:  WTO estimates based on  data from EU authorities. 
 
3.12.  Table 3.2 depicts the EU's tariff elimination, by HS section with regard to Moldova and 
shows that the remaining dutiable tariffs are found under Sections II (vegetable products) and IV 
                                               
10 (See Annex 2 to the Commission Implementing Regulation (EU) No 927/2012 of 9 October 2012. 
11 Agricultural products covered include pig meat; poul try meat; dairy products; eggs in shell, eggs and 
albumins, wheat, flour and pe llets; barley, flour and pell ets; maize, flour and pell ets; and sugars. Processed 
agricultural products covered include cereal processe d; cigarettes; dairy proce ssed; sugar processed; and 
sweet corn. 
12 Tariff-rate quota commitments made by Moldova fo r imports from the EU are in Moldova's Schedule 
of concessions (Annex XV-D). 
13 651 lines were specific, 215 had compound duties, 64 were mixed, and 67 were classified as other 
duties. 
14 It should nevertheless be recalled that the EU Autonomous Trade Preference regulation 55/2008 
already liberalized import from Moldova to a very large extent, while benefitting from the WTO waiver. WT/REG352/1 
 
- 13 - 
 
  (prepared food). Many of these products carry specific or compound rates of duties for which no 
ad valorem  equivalents are available. 
Table 3.2 EU: Tariff elimination under the Agreement, by HS Section  
HS 
Section MFN 
average%  No. of 
lines MFN 
2014 Number of duty-free 
lines under the 
Agreement Remain 
dutiable Avg. Final Tariff 
(Dutiable) 
2014 
I 9.8 932 107 825   
II 5.5 552 150 381 21 - 
III 5.9 128 23 105   
IV 14.8 832 95 729 8 - 
V 0.8 234 170 64   
VI 4.3 1,149 299 850   
VII 4.6 301 62 239   
VIII 3.1 130 45 85   
IX 2.4 213 99 114   
X 0.0 195 195    
XI 8.0 1,159 39 1,120   
XII 8.2 106 2 104   
XIII 4.0 236 33 203   
XIV 0.6 56 45 11   
XV 1.8 953 500 453   
XVI 2.3 1,375 307 1,068   
XVII 4.9 269 30 239   
XVIII 2.5 322 89 233   
XIX 2.2 22 4 18   
XX 2.6 208 55 153   
XXI 0.0 7 7    
Total 5.1 9,379 2,356 6,994 29 - 
- contains various tariff lines with specific or compound duties. 
Note: Tariff lines subject to in-quota rates are excluded in the computation. For the calculation of 
averages, specific rates are excluded and the ad valorem  parts of alternate rates are included.  
Based on the HS 2012 nomenclature.  
Source:  WTO estimates based on  data from EU authorities. 
 
3.13.  The 29 lines that will remain subject to duti es once implementation is complete are listed in 
Table 3.3 below, which also shows the difference between the 2014 MFN rate and the preferential 
rate applied to products imported from Moldova. 
Table 3.3. EU: Remaining dutiable tariff line under the Agreement 
Tariff Line Description MFN 2014 Preferential 
07020000 Tomatoes, fresh or chilled EP EP (Out-quota) 
07032000 - Garlic, fresh or chilled 9.6% + 120 
EUR/100 kg 9.6% + 120 EUR/100 kg (Out-quota) 
07070005* - Cucumbers, fresh or chilled EP EP based tariff minus ad valorem  part 
07099100* -- Globe artichokes, fresh or 
chilled EP EP based tariff minus ad valorem  part 
07099310* --- Courgettes EP EP based tariff minus ad valorem  part 
08051020* -- Sweet oranges, fresh EP EP based tariff minus ad valorem  part 
08052010* -- Clementines EP EP based tariff minus ad valorem  part 
08052030* -- Monreales and satsumas EP EP based tariff minus ad valorem  part 
08052050* -- Mandarins and wilkings EP EP based tariff minus ad valorem  part 
08052070* -- Tangerines EP EP based tariff minus ad valorem  part 
08052090* -- Tangelos, ortaniques, 
malaquinas and similar citrus hybrids (excl. clementines, monreales, satsumas, mandarins, wilkings and tangerines EP EP based tariff minus ad valorem  part 
08055010* -- Lemons (Citrus limon, Citrus 
limonum) EP EP based tariff minus ad valorem  part WT/REG352/1 
 
- 14 - 
 
  Tariff Line Description MFN 2014 Preferential 
08061010 -- Table grapes, fresh EP EP (Out-quota) 
08081080 -- Apples, fresh (excl. cider 
apples, in bulk, from 16 
September to 15 December) EP EP (Out-quota) 
08083090* Pears (excl. perry pears in bulk 
from 1 August to 31 December) EP EP based tariff minus ad valorem  part 
08091000* - Apricots, fresh EP EP based tariff minus ad valorem  part 
08092100* -- Sour cherries (Prunus cerasus) EP EP based tariff minus ad valorem  part 
08092900* -- Cherries (excl. sour cherries), 
fresh EP EP based tariff minus ad valorem  part 
08093010* -- Nectarines EP EP based tariff minus ad valorem  part 
08093090* -- Peaches (excl. nectarines), 
fresh EP EP based tariff minus ad valorem  part 
08094005 -- Plums EP EP (Out-quota) 
20096110 --- Grape juice, incl. grape must, 
unfermented, Brix value <= 30 at 
20 °C, value of > EUR 18 per 100 
kg, whether or not containing 
added sugar or other sweetening 
matter (excl. containing spirit) EP EP (Out-quota) 
20096919 ---- Grape juice, incl. grape must, 
unfermented, , Brix value > 67 at 20 °C, value of > EUR 22 per 100 kg, whether or not containing added sugar or other sweetening matter (excl. containing spirit) EP EP (Out-quota) 
20096951 ----- Concentrated grape juice, 
incl. grape must, unfermented, , 
Brix value > 30 but <= 67 at 20 
°C, value of > EUR 18 per 100 
kg, whether or not containing 
added sugar or other sweetening 
matter (excl. containing spirit) EP EP (Out-quota) 
20096959 ----- Grape juice, incl. grape 
must, unfermented, Brix value > 30 but <= 67 at 20 °C, value of 
> EUR 18 per 100 kg, whether or 
not containing added sugar or other sweetening matter (excl. concentrated or containing spirit) EP EP (Out-quota) 
22043092* ---- Grape must, unfermented 
concentrated EP EP based tariff minus ad valorem  part 
22043094* ---- Grape must, unfermented, 
non-concentrated  EP EP based tariff minus ad valorem  part 
22043096* ---- Grape must, unfermented, 
concentrated EP EP based tariff minus ad valorem  part 
22043098* ---- Grape must, unfermented, 
non-concentrated  EP EP based tariff minus ad valorem  part 
* See Annex XV-B of the Agreement. 
 
EP: Entry Price.   Source:  EU authorities. 
 
3.1.3.2  Moldova 
3.14.  Moldova's applied tariff in 2014 consisted of 9,642 lines at the HS eight-digit level 
(HS 2007). 96.25% of the tariffs were ad valorem  and 362 lines had non- ad valorem  tariffs.15  
3.15.  The customs duties elimination programme agreed by Moldova as part of its commitments 
under the Agreement is set out in Annex XV-D to the Agreement. Moldova will fulfil its tariff 
                                               
15 167 lines were specific, 160 lines consisted in comp ound duties, and 35 were classified as other 
duties. WT/REG352/1 
 
- 15 - 
 
  elimination commitments in six to ten stages. While the implementation of the progressive 
reduction of customs duties started immediately upon the entry into force of the Agreement for 2 categories, for the others, a standstill (ranging from between four months and five years) applies. Full implementation shall take place on 1 January 2024. For certain products, Moldova's 
commitments take the form of TRQs (see below).  
3.16.  In 2014, 4,428 lines were duty free on an MFN basis, representing 45.9% of Moldova's total 
tariff, corresponding to 62.8% of its imports from the EU during 2011-2013. Following the entry 
into force of the Agreement, an additional 4,607 lines (47.8% of Moldova's tariff) also became 
duty-free. This resulted in 93.7% of Moldova's ta riff becoming duty free, corresponding to 93% of 
Moldova's total imports from the EU (during 2011-2013). Ten years after the provisional application of the Agreement, and at the end of the implementation period (in 2024), 9,546 tariff 
lines, 99% of Moldova's tariff and 99.1% of its imports from the EU will be duty free. Table 3.4 
shows tariff elimination commitments by Moldova under the Agreement. 
Table 3.4: Moldova 
Tariff elimination commitments under the Ag reement and corresponding average trade 
Duty phase-out 
period Number 
of lines % of total lines 
in EU's tariff 
schedule Value of EU's imports 
from Moldova  
(2011-2013) 
€ million  % of EU's total 
imports from  
Moldova 
2011-2013 
MFN duty free (2014) 4,428 45.9 1,086.7 62.8 
2014 4,607 47.8 522.4 30.2 
2017 118 1.2 22.7 1.3 
2019 348 3.6 76.2 4.4 
2024 45 0.5 9.0 0.5 
Remain dutiable 96 1.0 14.8 0.9 
Total 9,642 100.0 1,731.7 100.0 
Note: Based on the HS 2007 nomenclature. 
 
Source:  WTO estimates based on data from Moldova authorities. 
 
3.17.  Table 3.5 shows Moldova's tariff elimination, by HS section. The 96 lines that will remain subject to duties once implementation is completed are found in HS Sections I (live animals) and IV (prepared food) with final average tariffs at between 16.7% and 50.5%, with preferential rates 
at the same level as MFN rates, as illustrated by Chart 3.1 below. The highest average tariffs are 
found, at 75%, in HS Chapter 17 (sugars and sugar confectionary). 
Table 3.5 Moldova: Tariff elimination under the Agreement, by HS Section 
 
HS 
Section MFN 
average
% No. of 
lines Duty-free 
lines under 
the  
MFN 2014 Number of duty-free lines under 
the Agreement Remain 
dutiable Avg. Final 
Tariff 
(Dutiable)  2014 
2017 
2019 
2024 
I 8.7 784 295 383 4 18 26 58 16.7 
II 10.1 520 95 392  28 5   
III 7.2 123 34 89      
IV 15.1 804 70 531 17 134 14 38 50.5 
V 1.4 244 188 55  1    
VI 2.8 1,268 634 634      
VII 4.4 351 106 204 26 15    
VIII 8.4 150 26 124      
IX 1.2 213 181 32      
X 4.9 219 63 156      
XI 6.2 1,184 401 615 71 97    
XII 12.0 113 11 74  28    
XIII 7.0 258 50 204  4    
XIV 3.3 63 42 21      
XV 1.2 993 860 133      
XVI 1.9 1,477 1,012 465      
XVII 2.8 287 127 160      
XVIII 3.7 339 180 159      
XIX 10.0 27  27      WT/REG352/1 
 
- 16 - 
 
  HS 
Section MFN 
average
% No. of 
lines Duty-free 
lines under 
the  
MFN 2014 Number of duty-free lines under 
the Agreement Remain 
dutiable Avg. Final 
Tariff 
(Dutiable)  2014 
2017 
2019 
2024 
XX 6.8 218 51 144  23    
XXI 7.1 7 2 5      
Total 5.2 9,642 4,428 4,607 118 348 45 96 30.1 
Note: Tariff lines subject to in-quota rates are excluded in the computation. For the calculation of 
averages, specific rates are excluded and the ad valorem  parts of alternate rates are included.  
Based on the HS 2007 nomenclature.  
Source:  WTO estimates based on data from Moldova authorities. 
 
Chart 3.1 Moldova: Average of du tiable rates, by HS Chapter  
01020304050607080
24 1 6 1 7MFN Preferential
 
Note: 
Tariff lines subject to in-quota rates are excluded in th e computation. For the calcul ation of averages, specific 
rates are excluded and the ad valorem  parts of alternate rates are included. 
Based on the HS 2007 nomenclature.  Source: WTO estimates based on data from Moldova authorities. 
 
3.1.4  Tariff rate quotas 
3.18.  The 9 products subject by the EU to a nnual duty-free tariff-rate quotas are listed in 
Annex XV-A to the Agreement. These products include essentially some vegetables and fruits, 
most of which are also subject to the EU entry price system (for the out-quota volumes).16 
Annex 2 to this factual presentation summarizes the main features of the EU's TRQ-related 
commitments.  
3.19.  Moldova provides additional market access under TRQs for 98 tariff lines (at HS eight-digit 
level). The 6 different TRQ categories are summarized in Annex 2 to the factual presentation. In quota duties are 0%. 
3.20.  When examining the opportunities for granti ng each other further concessions with a view 
to improving liberalization of trade in agricultural products, the Parties shall in particular examine the products subject to TRQs (Paragraph 6 of Article 147). For instance, though TRQ commitments 
are not time-bound and no yearly increases of th e quota quantity are foreseen by the Agreement, 
                                               
16 See also information on the EU entry price system under section 3.1.3 above. WT/REG352/1 
 
- 17 - 
 
  this could be amended by mutual agreement in context of further liberalization that the Parties 
may agree upon from the third year following the start of application. 
3.2  Rules of origin 3.21.  The rules of origin under the Agreemen t are set out in Protocol II to the Agreement 
(concerning the definition of the concept of "ori ginating products" and methods for administrative 
cooperation). While definitions are provided for under Title I of the Protocol, originating products is defined in Title II of Protocol II. According to Article 2 of Title II, a good is considered as 
originating in a Party when:  
a. it is wholly obtained in the EU or in Moldova; and 
b. it is obtained in the EU or Moldova, incorporating materials which have not been wholly 
obtained there, provided they have undergone sufficient working or processing in the 
Party. 
3.22.  Article 4 of the Protocol clarifies what constitutes a wholly obtained product, and Article 5 
and Annex II to the Protocol, describe the conditions that need to be fulfilled for products to be 
considered "sufficiently worked or processed". While a change in tariff classification, as set out in 
Annex II constitutes the main criteria used to determine origin in cases of substantial transformation of goods, the value of non-originating material used in the production of a good can 
be used as an alternative criterion in a number of cases.
17 In certain cases, Annex II to the 
Protocol also registers manufacturing or processing operations conferring origin. 
3.23.  Non-originating products, the value of whic h does not exceed 10% of the ex-work prices of 
the products, may be used in the processing of originating final products. Moreover, for a number 
of products, Annex II to the Protocol lists the maximum value of non-originating materials that 
may not be exceeded to qualify as originating final products. Specific rules are however defined for textiles and textile articles and "basic textile materials" (HS Chapters 50 to 63).
18 Insufficient 
working or processing operations are described in Ar ticle 6 to Protocol II. Title II of Protocol II also 
contains disciplines on unit of qualification (Article 7); accessories, spare parts and tools (Article 8); sets (Article 9); and neutral elements (Article 10). 
3.24.  Cumulation of origin is governed by the prov isions of Article 3 of Protocol II. Products shall 
be considered as originating in a Party if they are obtained there by incorporating materials originating in the other Party, provided that the working or processing carried out goes beyond the insufficient working or processing operations while it shall not be necessary that the materials of 
the other Party have undergone sufficient working or processing. 
3.25.  Title III to Protocol II addresses the principl e of territoriality (Article 11); direct transport 
(Article 12); and the treatment of originating products sent for exhibition in a country other than a 
Party and sold after the exhibition for import by a Party (Article 13). 
3.26.  Non-originating materials used in the manufacture of products originating in a Party for 
which a proof of origin is issued shall not be su bject to drawback of, or exemption from, customs 
duties of whatever kind. Modalities and condit ions related to drawback and exemption from 
customs duties are contained in Article 14 of Protocol II. 
3.27.  Title V of Protocol II contains detailed disciplines related to proof of origin
19 (Section 4).  
3.28.  Title VI of Protocol II sets out disciplines and commitments by the Parties on administrative 
cooperation. It addresses verifications of proofs of origin, the settlement of disputes in relation to 
the verification procedure or other origin-related matters, penalties, and free zones situated in the Parties' territories.  
                                               
17 For these cases, the value of all non-originating materials used is indicated in columns 3 and/or 4 of 
Annex II to the Protocol. 
18 See Notes4 through 6 in Annex I to Protocol II (Introductory notes to the list in Annex II to 
Protocol II). 
19 Annex III to Protocol II contains specimens of th e movement certificate EU R.1 and the application 
form, and Annex IV to Protocol II cont ains the text of the origin declaration in all the official languages. WT/REG352/1 
 
- 18 - 
 
  3.29.  Title VII of Protocol II covers products originating in Ceuta and Melilla, which are not 
considered by the Agreement as originating in the EU. Products originating in the Republic of San Marino as well as non-agricultural products in the Principality of Andorra, shall be, according to two joint declarations by the Parties, accepted by Moldova as originating in the EU.  
3.30.  Finally, in a joint declaration concerning the revision of the rules of origin in Protocol II, the 
Parties agree to review the rules concerning the definition of originating products and methods or administrative cooperation and discuss necessary amendments upon request of either Party. 
3.3  Export duties and charges,  and quantitative restrictions 
3.31.  No Party shall adopt or maintain any prohibition or restriction on the export or sale for 
export of any good destined for the territory of another Party, except as provided in the 
Agreement or in accordance with Article XI of GATT  1994, which is, together with its interpretative 
notes, incorporated into and made part of the Agreement mutatis mutandis (Article 153). 
3.32.  No Party shall adopt or maintain any duty or tax, other than internal charges applied on 
a national treatment basis, on or in connection with  the export of goods to the territory of another 
Party (Article 150). 
3.4  Regulatory provisions on trade in goods 3.4.1  Standards 
3.4.1.1  Sanitary and phytosanitary measures 
3.33.  Under the Agreement, SPS matters are regulated through Chapter 4 and Annexes XVII-XXV 
to the Agreement. Chapter 4 also aims at reaching a common understanding between the Parties concerning animal welfare standards. 
3.34.  The Parties reaffirm their rights and obligations under the WTO Agreement on 
SPS (Article 177). The SPS provisions of the Agreem ent build on the WTO provisions in areas such 
as recognition for trade purposes of animal health and pest status and regional conditions 
(Article 182); recognition of equivalence, incl uding the possibility to withdraw or suspend 
equivalence in certain conditions and under certain circumstances (Article 183); transparency and exchange of information (Article 184); notification, consultation and facilitation of communication 
(Article 185); import conditions (Article 186); certification procedure (Article 187); verification 
(Article 188); and import checks and inspection fees (Article 189). Safeguard measures, including application of the precautionary principle are governed by Article 190.  
3.35.  The Parties have informed each other about the structure, organization and division of 
competences of their competent authorities during the first meeting of the SPS Sub-Committee
20 
established under Article 191.  
3.36.  Moldova shall gradually approximate its SPS and animal welfare law to that of the EU as set 
out in Annex XXIV to the Agreement (Article 181). This process shall be regularly monitored by the 
SPS Sub-Committee. Moreover, no later than three months after the entry into force of the Agreement, Moldova shall submit a list of EU SP S, animal welfare and other legislative measures 
which it will approximate-
21 The approximation list and the prin ciples for the evaluation of the 
progress in the approximation process will be added to Annex XXIV to the Agreement.  
3.4.1.2  Technical barriers to trade 3.37.  Chapter 3 covers TBT. The Parties affirm their rights and obligations under the WTO 
Agreement on TBT, which is incorporated into and made part of the Agreement, mutatis mutandis  
(Article 171).  
                                               
20 Technical working groups may be esta blished, under the SPS Sub-Committee. 
21 Annex XVII to the Agreement defines priority areas. Bilateral consultations on the list and the next 
steps are ongoing. MMoldovan Party submitted the approximation list (mentioned in Article 181) to the European Commission within the deadline  set in the agreement (November 2014).  WT/REG352/1 
 
- 19 - 
 
  3.38.  Joint disciplines are established for marking requirements and labelling of products 
(Article 175). The Parties also agree to strengthen cooperation on TBT related matters through the establishment of a regulatory dialogue (Article 172) and identify areas for technical assistance joint initiatives. 
3.39.  Annex XVI to the Agreement contains elements of the EU acquis  that shall be progressively 
incorporated into Moldova's legislation, as part of the "approximation process".
22 The Parties shall 
ultimately agree to add an Agreement on Confor mity Assessment and Acce ptance of Industrial 
Products (ACAA) as a Protocol to the Agreement, covering sectors from the list in Annex XVI to the 
Agreement that are considered to be aligned with the relevant sectoral and horizontal legislation, institutions and standards of the EU (Article 174).
23 
3.4.2  Safeguard mechanisms 
3.40.  Section 1 of Chapter 2 refers to the use of global safeguard measures, while Section 3 
establishes the applicable disciplines for bilateral safeguard measures. In relation to agricultural and processed agricultural products, the Agreement also establishes an anti-circumvention 
mechanism, which is tantamount to a special safeguard mechanism.  
3.4.2.1  Global safeguards 3.41.  Each Party retains its rights and obligations under Article XIX of GATT 1994, and the WTO 
Safeguards Agreement, as well as under Article 5 of the WTO Agreement on Agriculture 
(Article 158). The Agreement also contains some pr ovisions on transparency (Article 159) and the 
application of safeguard measures that establishes a best endeavour effort by the Parties to impose such measures in a way that least affects their bilateral trade (Article 160). 
3.42.  The Agreement-specific provisions on di spute settlement (Chapter 14) shall not apply to 
disciplines on global safeguard measures. 
3.4.2.2  Bilateral safeguards 
3.43.  Disciplines on bilateral safeguard measures are contained in Articles 165 through 169. 
During the transition period
24, a Party may apply a bilateral safeguard measure. Such a measure 
may consist of either (i) a suspension of the furt her reduction of the customs duty on the product 
concerned provided for in the Party's tariff eliminat ion schedule, or (ii) an increase in the customs 
duty on the product concerned to a level not exc eeding the lesser of the MFN applied customs duty 
on the product in effect at the time the measure is taken or the base rate as specified in the Party's schedule.  
3.44.  A bilateral safeguard measure may be applied for such period of time as may be necessary 
to prevent or remedy serious injury pursuant to Article 166 of the Agreement. The total period of 
application of a bilateral safeguard measure, including the period of initial application and any 
extension thereof, shall not exceed four years.  
3.45.  A Party applying a bilateral safeguard measure shall consult with the other Party in order to 
mutually agree on appropriate compensation in the form of concessions having substantially 
equivalent trade effect. Should this not lead to an agreement, the Party whose products are 
subject to the safeguard measure may suspend the application of substantially equivalent concessions to the trade of the Party extending th e measure. The right of suspension shall not be 
exercised for the first 24 months during which a bilateral safeguard measure is in effect. A global 
                                               
22 Inter alia , Moldova shall progressively transpose the co rpus of European Standards as national 
standards, including the harmonised European standards, the voluntary us e of which shall give a presumption 
of conformity with EU legislation transposed into the legislation of Moldova; simultaneously with such transposition, withdraw conflicting national standards; and progressively fulfil the conditions for full membership of the European Standards Organizations.  
23 The addition of a Protocol to the Agreement will take place when the EU will have verified that the 
relevant sectoral and horizont al legislation, institutions and standards of Moldova have been fully aligned with 
those of the EU. 
24 "Transition period" means 10 years from the da te of entry into force of the Agreement. WT/REG352/1 
 
- 20 - 
 
  and bilateral safeguard measure may not be applie d with respect to the same product and at the 
same time. 
3.46.  In relation to investigation procedures, Articles 3 and 4.2(c) of the WTO Agreement on 
Safeguards are incorporated into the Agreement and made part thereof, mutatis mutandis . 
3.4.2.3  Anti-circumvention mechanism fo r agricultural products and processed 
agricultural products 
3.47.  Article 148 establishes an anti-circumvention mechanism for agricultural and processed 
agricultural products. The products subject to this mechanism are listed in Annex XV-C25 to the 
Agreement.26 When the volume of imports reaches 80% of the volume notified under Annex XV-C 
of the product concerned, Moldova shall provide the EU with a sound justification for the increase. If the imports reach 100% of the volume indicate d in Annex XV-C, and in the absence of a sound 
justification by Moldova, the EU may temporarily suspend preferential treatment for the products 
concerned. Such suspension shall be applicable for a maximum of six months and may be lifted before the expiry of six months if Moldova provides evidence that the volume of the relevant 
category of products imported in excess of the volume referred to in Annex XV-C results from a 
change in the level of production and export capacity of Moldova. 
3.4.2.4  Safeguard measures related to  balance of payment (BOP) difficulties 
3.48.  The Agreement is silent on the use by the Parties of BOP measures for trade in goods. Some 
disciplines on safeguard measures are however mentioned in relation to current payments and movement of capital (see below).  
3.4.3   Anti-dumping and countervailing measures 
3.49.  The Parties reaffirm their rights and obligations under the WTO Antidumping Agreement and 
the WTO Agreement on Subsidies and Countervailing Measures. Rules on transparency (Article 162), consideration of public interest (Article 163), and the application of the "lesser duty 
value" principle (Article 164) are also contained in Section 2 to Chapter 2. 
3.50.  The Agreement-specific dispute settlement mechanism (described under Chapter 14) does 
not apply to disputes between the Parties on antidumping and/or countervailing measures 
(Article 161). 
3.4.4  Subsidies and State-aid 3.51.  General State-aid disciplines, also covering services are contained in Chapter 10 
(competition). They are addressed below under section 5.10.3. 
3.4.5  Customs-related procedures 
3.52.  The Agreement contains special provisions on administrative cooperation, which, in case of 
a failure of one Party to provide administrative cooperation or assistance and/or of irregularities or 
fraud under Chapter 1, allow the other Party to temporarily suspend the relevant preferential 
treatment of the product(s) concerned (Article 155). A finding of irregularities or fraud may be made, inter alia , where there is a rapid increase, without sa tisfactory explanation, in the volume of 
imports of goods exceeding the usual level of prod uction and export capacity of the other Party 
that is linked to objective information concerning irregularities or fraud. The application of temporary suspensions is subject to the conditions contained under Article 155. 
                                               
25 Annex XV-C may be amended and the volume modified by mutual consent in order to reflect changes 
in the level of production and export capacity of Moldova. 
26 The agricultural products covered are: pig meat; poultry meat; dairy products; eggs in shell; eggs 
and albumins; wheat, flour and pellets; barley, flour and pellets; maize flour an d pellets; and sugars. The 
processed agricultural products cover: cereal processe d; cigarettes; dairy processed; sugar processed; and 
sweet corn. WT/REG352/1 
 
- 21 - 
 
  3.53.  In addition to the above-mentioned special provisions on administrative cooperation, 
Section 4 of Chapter 1 also contains disciplines on the management of administrative errors, in particular in relation to rules of origin (Article 156). 
3.54.  Chapter 5 covers customs and trade facilitat ion. It contains the Parties' commitments to 
reinforce cooperation in these areas. 
3.55.  On legislation and procedures (Article 193), the Parties agree that their respective trade and 
customs procedures shall be proportionate, transp arent, predictable, non-discriminatory, impartial 
and applied uniformly and effectively. The Parties also agree, inter alia , to take further steps 
towards the reduction, simplification and standardization of data and documentation required by customs and other authorities, to simplify requirements and formalities, and to provide effective procedures guaranteeing the right of appeal against customs administrative actions. More 
specifically, the Parties commit not to apply any requirements or the mandatory use of customs 
brokers, and of pre-shipment or destination inspections.  
3.56.  With regard to relations with the business community (Article 194), the Parties foresee the 
establishment of appropriate and regular consulta tion mechanisms between the administration and 
the business community. 
3.57.  In relation to fees and charges (Article 195) , as of 1 January 2015, the Parties shall prohibit 
a d m i n i s t r a t i v e  f e e s  h a v i n g  a n  e q u i v a l e n t  e f f e c t  t o  i m p o r t  o r  e x p o r t  d u t i e s  a n d  c h a r g e s .  T h e y  
confirm that fees and charges shall not exceed the cost of the service provided and that such fees 
shall not be calculated on an ad valorem  basis. 
3.58.  The provisions of the WTO Agreement on the Implementation of Article VII of GATT 1994 
(WTO Agreement on customs valuation) are incorporated into the Agreement and made part 
thereof. Minimum customs values shall not be used and reaching a common approach to issues relating to customs valuation is set as an objective for cooperation between the Parties 
(Article 196).  
3.59.  Using the European Commission Customs Blueprints of 2007 as a benchmark, the Parties 
shall strengthen customs cooperation. Article 197 defines such areas for future work. Moreover, 
they agree to provide each other with mutual administrative assistance in customs matters in 
accordance with the provisions of Protocol III on Mutual Administrative Assistance in Customs Matters to the Agreement.
27 The Parties, furthermore, commit to cooperate with a view to 
providing technical assistance and capacity building  for the implementation of trade facilitation and 
customs reforms (Article 199). 
3.60.  A Customs Sub-Committee is established by Article 200, inter alia , to see to the proper 
functioning of Chapter 5 (Customs and trade facilitation), Protocol II (Rules of origin), and Protocol 
III (Mutual administrative assistance in customs matters). 
3.61.  The gradual approximation of Moldova's legislation to the Union's customs law and certain 
international law28 shall be carried out as set out in Annex XXVI to the Agreement (Article 201). 
4  PROVISIONS ON TRADE IN SERVICES 
4.1.  Chapter 6 contains disciplines on establishment, trade in services and electronic commerce. 4.2.  In Article 202, the Parties indicate that they lay down the necessary arrangements for the 
progressive reciprocal liberalization of establishment and trade in services. 
                                               
27 The Provision of Protocol III shall take precedence  over the provisions of any bilateral agreement on 
mutual assistance which has been or may be conclude d between individual EU Member States and Moldova 
insofar as the provisions of such a bilateral agreement are incompatible with those of the Protocol. 
28 This covers in particular, the EU Customs Code, the Common transit and SAD, the EU system of 
Reliefs from customs duty, and the EU Regulation on customs enforcement of IPR. WT/REG352/1 
 
- 22 - 
 
  4.1  Scope and definitions 
4.3.  While disciplines on establishment, trade in services and electronic commerce are regulated 
by the provisions of Chapter 6, government procurement, including for services, is covered in Chapter 8. Nothing in Chapter 6 shall be construed to impose any obligations with respect to 
government procurement. Moreover, Chapter 6 shall not apply to subsidies, which are covered in 
Chapter 10 on competition. Furthermore, each Party retains the right to regulate and to introduce new regulations to meet legitimate policy objectives, within the parameters defined in Chapter 6. 
Measures affecting natural persons seeking access to the employment market of a Party or 
measures regarding citizenship, residence or employment on a permanent basis are also reserved.  
4.4.  The definitions applicable to the Agreement are in Article 203 and, to a large extent, mirror 
those in the GATS. 
4.5.  Section 2 of Chapter 6 covers "establishment", corresponding to, but going further than, 
mode 3 of the GATS. While the term "establis hment" encompasses the notion of commercial 
presence (as defined under the GATS), it also goes further as it also covers establishment related 
to trade in goods. The Agreement however limits  the scope of Section 2 of Chapter 6 to the 
Parties' measures affecting establishment in all economic activities with the exception of: mining, manufacturing and processing of nuclear materials; production of, or trade in, arms, munitions and 
war materiel; audiovisual services; national maritime cabotage; and most domestic and 
international air transport services and services directly related to the exercise of traffic rights. On the latter however, some aircraft repair and maintenance services, the selling and marketing of air transport services, computer reservation system services, ground-handling services, and airport 
operation services are covered by the Agreement. With a view to progressively liberalizing the 
establishment conditions, the Parties agree to regularly review the legal framework and environment for establishment, consistent with their commitments in international agreements 
(Article 206). The Parties also agree to find appropriate ways to address obstacles to 
establishment, which could include further negotiations, including with respect to investment protection and to investor-to-state dispute settlement procedures. 
4.6.  Section 3 of Chapter 6 covers "cross-border supply of services"
29, corresponding to modes 1 
and 2 of the GATS. The scope of Section 3 of Chapter 6 is however limited to the Parties' measures affecting the cross-border supply of all services  with the exception of: audiovisual services; 
national maritime cabotage; and most domestic and international air transport services and 
services directly related to the exercise of traffic rights. As in relation to provisions on 
establishment, some aircraft repair and maintenance services, the selling and marketing of air transport services, computer reservation system services, ground-handling services, and airport 
operation services are covered by the Agreement. With a view to progressively liberalizing the 
cross-border supply of services between the Pa rties, they agree to regularly review their 
commitments contained in Annexes XXVII-B and XXVII-F. The review shall take into account, 
inter alia , the process of gradual approximation, referred to in Articles 230, 240, 249 and 253 of 
the Agreement
30, and its impact on the elimination of remaining obstacles to the cross-border 
supply of services between the Parties. 
4.7.  Section 4 of Chapter 6 contains disciplines on "temporary presence of natural persons for 
business purposes"31, corresponding to mode 4 of the GATS. Section 5 of Chapter 6 covers the 
regulatory framework. Section 6 focuses on electronic commerce and Section 7 covers exceptions. 
4.8.  Annex XXVII to the Agreement contains the Parties commitments in relation to establishment 
(Annexes XXVII-A and XXVII-E), cross-border suppl y of services (Annexes XXVII-B and XXVII-F), 
and temporary stay of specific categories of natural persons (Annexes XXV II-C, XXVII-D, XXVII-G, 
and XXVII-H).  
                                               
29 Annexes XXVII-B and XXVII-F contain the Parties' commitments related to cross-border supply of 
services. 
30 The gradual approximation concern postal and courier services; electronic communication networks 
and services; financial services; and inte rnational maritime transport services. 
31 Annexes XXVII-C, XXVII-D, XXVII-G, and XXVII-H contain the Parties' lists of reservations on key 
personnel, graduate trainees  and business seller, as well as contra ctual services supplie rs and independent 
professionals. WT/REG352/1 
 
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  4.9.  As for other sections of the Agreement, rules applicable to the approximation of Moldova's 
existing and future legislation to the part of the EU's acquis  are listed under specific annexes 
(Annexes XXVIII-A to XXVIII-D). 
4.2  Denial of benefits 
4.10.  There is no denial of benefits clause as such, but the Agreement clarifies in the definition of 
juridical persons that "Juridical persons" having only their registered office or central administration in a Party's territory shall not be nefit from preferences granted by the Agreement, 
unless their operations possess a real and continuous link with the economy of, at least, one of the 
Parties. Services supplied in the exercise of governmental authority are excluded from the scope of Chapter 6. 
4.3  General provisions on trade in services 
4.3.1  National treatment and MFN 
4.11.  In relation to establishment, Under Articl e 205, national and MFN treatment are granted, by 
each Party to subsidiaries, branches and represen tative offices of juridical persons of the other 
Party, subject to the national treatment reservations and limitations listed in Annexes XXVII-A and 
XXVII-E to the Agreement. The same treatment is granted to these subsidiaries, branches and representative offices of juridical persons once they are established.
32 Annexes XXVII-A and 
XXVII-E list the Parties' reservations on establishment, following a negative list approach. As 
explained before (under section 4.1) the lists do not include measures concerning subsidies granted by the Parties. Non-discriminatory requirements, such as those concerning the legal form or the obligation to obtain licences or permits applicable to all providers operating in the territory 
without distinction based on nationality, residency or equivalent criteria, are not listed in Annexes 
XXVII-A and XXVII-E as they are not prejudiced by the Agreement.  
4.12.  In relation to cross-border supply of services, under Article 211, national treatment is 
granted by each Party to like services and services suppliers of the other Party in the sectors 
where market access commitments are inscribed in Annexes XXVII-B and XXVII-F to the Agreement
33, and subject to the limitations that are listed in them. Annexes XXVII-B and XXVII-F 
follow a positive list approach. The Parties' lists of commitments do not however include measures 
concerning subsidies granted by the Parties, nor do they include measures relating to qualification requirements and procedures, technical standard s and licensing requirements and procedures, 
when those do not constitute a national treatmen t limitation within the meaning of Article 211. 
Unlike for establishment, the Agreement does not have specific MFN provisions for the cross-
border supply of services. 
4.3.2  Market access 
4.13.  In relation to establishment, the Agreement does not contain specific provisions on market 
access.  
4.14.  In relation to cross-border supply of services, under Article 210, the Parties' market access 
commitments are inscribed in Annexes XXVII-B and XXVII-F to the Agreement. Market access 
commitments follow a positive list approach, like under the GATS. As for national treatment commitments, neither subsidies nor qualification requirements and procedures, technical standards and licensing requirements and procedures, when they do not constitute a national treatment 
limitation within the meaning of Article 210 grante d by the Parties, are recorded in the lists of 
commitments.  
                                               
32 As regards branches and representati ve offices, particular rules can be  applied in relation to national 
treatment or MFN treatments which are justified by le gal or technical differences  or as regards financial 
services, for prudential reasons (Article 208). The rights of entrepreneurs of the Parties to benefit from any more favourable treatment provided for in any existing or future international agreement relating to 
investment to which an EU Member States and Moldova are parties also remain reserved. The commitment 
relates also to establishments in goods, not just services. 
33 The Lists confirm that audiovisual services are not covered by the Parties' commitments. WT/REG352/1 
 
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  4.3.3  Commercial presence 
4.15.  Section 2 of Chapter 6 contains discipli nes on establishment, following the traditional 
articulation of the EU internal structure, also  applied to many of its RTAs. While the term 
"establishment" encompasses the notion of commercia l presence (as defined by the GATS), it also 
goes further as it also cover trade in goods-related establishment.  
4.3.4  Performance requirements 4.16.  The Agreement itself does not contain any specific provision related to performance 
requirements. The Parties' respective lists of specific commitments, however, contain certain 
specific reservations in that regard. 
4.3.5  Senior Managers and Boards of Directors 4.17.  There is also no specific provision related to senior managers and boards of directors in the 
Agreement. The Parties' respective lists of specific commitments nevertheless also contain 
reservations in that regard. 
4.3.6  Movement of natural persons 
4.18.  Section 4 of Chapter 6 applies to measures concerning the entry and temporary stay of "key 
personnel", including "business visitors" and "intra -corporate transferees"; "graduate trainees" and 
"business sellers"; "contractual services su ppliers"; and "independent professionals".
34 
4.19.  In relation to "key personnel" (intra-corporate transferees35 and business visitors) and 
"graduate trainees", each Party shall allow entrepreneurs of the other Party to employ in their establishments natural persons of that other Party for every sector in which they have commitments under Section 2 of Chapter 6 and su bject to reservations in Annexes XXVII-A and 
XXVII-E to the Agreement (reservations on establishment). Unless specified in Annexes XXVII-C 
and XXVII-G to the Agreement (key reservations on  key personnel, graduate trainees and business 
sellers), the measures which a Party shall not maintain or adopt are defined as discriminatory 
limitations and limitations on the total number of natural persons that an entrepreneur may 
employ as key personnel and graduate trainees in a specific sector in the form of numerical quotas or a requirement of an economic needs test, and as discriminatory limitations. For these categories 
of personnel, the temporary entry and stay shall be for a period of up to three years for 
intra-corporate transferees, 90 days in any 12 month period for business visitors for establishment purposes, and one year for graduate trainees. 
4.20.  With regard to "business services sellers", each Party shall allow the entry and temporary 
stay of business services sellers, for every sector in which it has commitments in accordance with 
Section 2 of Chapter 6 (establishment) or Section 3 of Chapter 6 (cross-border supply of services) and subject to reservations in Annexes XXVII-A and XXVII-E (reservations on establishment), and 
XXVII-B and XXVII-F (commitments on cr oss-border supply of services).  
4.21.  The Parties reaffirm their respective rights and obligations under the GATS as regards the 
entry and temporary stay of "contractual services suppliers" who may supply services in the 
territories of the respective Parties in accordance with Annexes XXVII-D and XXVII-H to the 
Agreement (reservations on contractual services suppliers and independent professionals), subject 
to the conditions specified in paragraphs 2 and 3 of Article 217.  
4.22.  For independent professionals, the supply of services in the territories of the respective 
Parties is granted in accordance with Annexes XXVII-D and XXVII-H to the Agreement subject to 
the conditions in paragraph 2 to Article 218. 
                                               
34 The definitions of the different categories of na tural persons covered by Section 4 are contained in 
paragraph 2 of Article 214. 
35 Including "Managers" and "Specialists". WT/REG352/1 
 
- 25 - 
 
  4.4  Liberalization commitments 
4.23.  The schedules of specific commitments for each Party are in Annex XXVII (reservations on 
establishment; commitments on cross-border supply of services; reservations for key personnel, graduate trainees and business sellers; and reservations for contractual services suppliers and 
independent professionals).  
4.24.  In relation to establishment, the Partie s' commitments follow a negative list approach. 
National and MFN treatment are granted by the Parties to each other for establishment and 
operation of their subsidiaries, branches and repres entative offices of juridical persons, subject to 
the reservations in Annexes XXVII-A (EU) and XXVII- E (Moldova). In relation to the cross-border 
supply of the covered services sectors, the Parties' commitments follow a positive list approach. Market access and national treatment are granted by each Party to services and service suppliers 
of the other Party as scheduled in Annexes XXVII-B (EU) and XXVII-F (Moldova). 
4.25.  The sections below compare the Parties' liberalization commitments under the Agreement 
and their GATS commitments. Each Party's GATS schedule is compared to Annex XXVII. After 
recalling GATS MFN exemptions and identifying horizontal limitations in the GATS and in the 
Agreement, Tables 4.1 and 4.2 summarize specif ic commitments under the Agreement, by main 
sectors and sub-sectors and compare them with GATS commitments. Improvements over existing 
GATS commitments are either a reduction of the limitations to market access and/or national 
treatment, a relaxation of the form of esta blishment under mode 3, and/or additional 
commitments. However, horizontal limitations in the GATS Schedule of Specific Commitments and reservations covering all sectors are not includ ed. Moreover, mode 4 commitments and limitations 
are, to a large extent, excluded. Furthermore, as commitments reflected in negative lists are 
difficult to compare to compare with GATS types of commitments, the following sections are to be 
read in conjunction with the Parties' schedules of commitments under the Agreement. 
4.4.1  The European Union 
4.4.1.1  MFN and horizontal commitments 4.26.  In the GATS, the EU took commitments in 115 out of 155 services sectors.
36 It has 
scheduled extensive commitments in a number of sect ors, subject, in certain cases, to limitations 
by all or some individual EU Member States. The EU did not make commitments, inter alia , for 
certain professional services related to medical and paramedical sub-sectors, postal and audio-visual services, some recreational and cultural and sporting services and some activities in 
transport services.  
4.27.  The EU and/or some of its Member States have a number of MFN exemptions under the 
GATS
37, for audiovisual, transport, news agency and press agency services, and financial services, 
as well as, for mode 4 across all sectors. In relation to establishment, Article 205 contains an 
MFN/national treatment commitment by the Parties with exemptions in Annex XXVIII-A. In relation 
to cross-border supply of services, however, there is no MFN clause in the Agreement.  
4.28.  Under the Agreement, as under the GATS, the EU registers, inter alia , a horizontal "public 
utilities carve-out", on the form of certain legal entities, and for subsidies and grants. In relation to cross-border supply of services, the EU commitme nts are without prejudice to the existence of 
public monopolies and exclusive rights as described in its commitments on establishment. For 
establishment, the EU's list of reservations broa dly corresponds to horizontal reservations in the 
GATS by individual EU Member States concerning other conditions for commercial presence (mode 3), types of establishment, investment, and ce rtain real estate purchases. The EU has listed 
in the GATS some reservations concerning certain measures relating to qualification requirements 
and procedures, technical standards and licensing requirements and procedures. Those measures 
                                               
36 The GATS schedule for EU-25 was certified on 18 December 2006 (S/L/286) and is contained in 
document S/C/W/273, and Add.1 and Suppl.1. For ease of reference, comparisons made between the EU's commitments under the Agreement and its GATS schedule are based on the EU(25) GATS schedule. This consolidated schedule has not yet entered into force beca use the ratification process has not been completed in 
a number of EU Member States. The GATS EU(27) and/or  EU(28) schedules have not yet been certified.  
37 Based on the EU(12) list of MFN exemptions. MF N exemptions have also been scheduled by the 
16 countries which acceded to the EU since 1995. WT/REG352/1 
 
- 26 - 
 
  (e.g. need to obtain a licence, universal service obligations, need to obtain recognition of 
qualifications in regulated sectors and need to pass specific, including language, examinations) are also reserved in the Agreement, in relation to se rvices and service suppliers of Moldova. The rights 
and obligations arising from the lists have no self-executing effect and thus confer no rights 
directly to natural or juridical persons. As fa r as the temporary presence of key personnel, 
graduate trainee, as well as business sellers are concerned, the EU commitments, similar to those in the GATS, are subject to the limitations in A nnexes XXVII-C, D, G, and H to the Agreement.  
4.4.1.2  Sector specific commitments 
4.29.  The following section identifies some of the main differences, by sector, between the EU's 
GATS schedule and its sector-specific commitments und er the Agreement. It should also be read in 
conjunction with Annexes XXVII-A, B, E and F. In a ddition, there is, as yet, no certified EU(27) or 
EU(28) Lists of Specific Commitments, to take into account the latest EU enlargements.  
Table 4.1 European Union: comparison between the GATS and Agreement specific 
commitments in trade in services
 
Sectors (CPC Classification) GATS  FTA 
Sectoral commitments, except as in Annex IX (horizontal 
reservations) 
Establishment   
(Annex XXVII-A) 
Negative list Cross-border supply in 
services (Annex XXVII-B) 
Positive list 
compared to  
GATS  Commitments 
(from 
reservation) compared to 
GATS  Commitments 
(sectoral 
coverage and 
limitations) 
1. Business services      
A. Professional Services Partial  Improved  Partial  Improved Partial  
B. Compute r and Related Services  Partial  Improved  Full Improved Full  
C. Research and Development  Services  Partial  Improved  Partial  Improved Partial  
D. Real Estate Services  Partial  Improved  Full Improved Partial  
E. Rental/Leasing Services without Operators  Partial  Improved  Partial  Limited Partial  
F. Othe r Business Services Partial  Improved  Partial  Improved Partial  
2. Communication services       
A. Postal services ---  New Full New Partial  
B. Courie r services Partial  Improved  Full Improved Partial  
C. Telecommunication services  Partial  Improved  Full Improved Partial  
D. Audiovisual services --- Simila r ---* Simila r ---* 
3. Construction and related engineering 
services       
A. General construction work fo r buildings Partial  Improved  Full Improved Full 
B. General construction work fo r civil engineering  Partial  Improved  Full Improved Full  
C. Installation and assembly work  Partial  Improved  Full Improved Full 
D. Building completion and finishing work  Partial  Improved  Full Improved Full  
E. Othe r Partial  Improved  Partial  Improved Partial  
4. Distribution services      
A. Commission agents' services  Partial  Improved  Full Improved Partial  
B. Wholesale trade services Partial  Improved  Partial  Improved Partial  
C. Retailing services Partial  Improved  Partial  Improved Partial  
D. Franchising Partial  Improved  Full Improved Partial  
5. Education services      
A. Primary education services  Partial  Simila r Partial  Simila r Partial  
B. Secondary education services  Partial  Simila r Partial  Simila r Partial  
C. Higher education services  Partial  Simila r Partial  Simila r Partial  
D. Adult education Partial  Simila r Partial  Simila r Partial  
E. Other education services  ---  New Partial  New Partial  
6. Environmental services      
A. Sewage services Partial  Improved  Partial  Improved Partial  
B. Refuse disposal services Partial  Improved  Partial  Improved Partial  
C. Sanitation and similar services  Partial  Improved   Partial  Improved Partial  
D. Othe r Partial  Improved  Partial  Improved Partial  
7. Financial services      
A. All insurance and insurance-related services  Partial  Improved  Partial  Improved Partial  
B. Banking and othe r financial  services Partial  Improved  Partial  Improved Partial  
8. Health related an d social services      
A. Hospital services Partial  Improved  Partial  Simila r Partial  
B. Other Human Health Services Partial  Improved  Partial  Limited Partial  
C. Social Services Partial  Improved  Partial  Improved Partial  
D. Othe r Partial  Improved  Partial  Limited Partial  
9. Tourism and travel related services       
A. Hotels and restaurants (including catering) Partial  Improved  Partial  Improved Partial  
B. Travel agencies and tou r operators services Partial  Improved  Full Improved Partial  WT/REG352/1 
 
- 27 - 
 
  Sectors (CPC Classification) GATS  FTA 
Sectoral commitments, except as in Annex IX (horizontal 
reservations) 
Establishment   
(Annex XXVII-A) 
Negative list Cross-border supply in 
services (Annex XXVII-B) 
Positive list 
compared to  
GATS  Commitments 
(from 
reservation) compared to 
GATS  Commitments 
(sectoral 
coverage and 
limitations) 
C. Tourist guides services Partial  Improved  Partial  Improved Partial  
10. Recreational and cultural and sporting 
services      
A. Entertainment services Partial  Improved  Full Simila r Partial  
B. News agency services Partial  Improved  Partial  Improved Full  
C. Libraries, archives, museums and other cultural 
services Partial  Improved  Partial  Simila r Partial  
D. Sporting and other recreational services  Pa rtial Improved  Partial  Simila r Partial  
11. Transport services       
A. Maritime Transport Services  Partial  Improved  Partial  Improved Partial  
B. Internal Waterways Transport Partial  Improved  Partial  Improved Partial  
C. Air Transport Services Partial  Improved Partial  Improved Partial  
D. Space Transport  --- New Full Simila r --- 
E. Rail Transport Services Partial  Improved  Partial  Improved Partial  
F. Road Transport Services Partial  Improved  Partial  Improved Partial  
G. Pipeline Transport  Partial  Improved  Partial  Simila r Partial  
H. Services auxiliary to all modes of transport  Partial  Improved  Full Improved Partial  
I. Othe r Transport Services  Partial  Improved  Full Improved Partial  
General Note: MFN and Horizontal limitations, as well as Mode 4 commitments/limitations not considered. 
Partial:  Specific commitments subject to some limitation(s) under market access or national treatment, 
under any of the three modes. 
Full: GATS commitments not subject to limitation(s) under market access or national treatment, under 
any of the three modes. 
---: No specific commitment under GATS. 
New: New commitments under the Agreement (full or partial, with or without limitations) which can, in 
most but not all cases, be seen as "improved". 
Improved: Overall improved commitments made under the Agreement compared to those under the GATS. 
Similar: Similar commitments (Agreement vs GATS); though possibly, in individual cases, with limited 
improvements and/or limited  additional reservations. 
Not covered: No commitme nt for the subsector. 
Limited: Some additional limitations (as compared to GATS commitments). *: Excluded from the Agreement.  Source:  Draft EU Consolidated GATS Schedule of Specific Commitments (S/C/W/273/Suppl.1), and Annexes 
XXVII-B and XXVII-F to the Agreement. The compar ison only concerns modes 1-3, market access 
and national treatment, and additional co mmitments; it does not cover mode 4. 
 
4.4.1.2.1  Business services 
4.30.  In relation to mode 3, the EU builds on its GATS commitments and enlarges the scope for 
most subsectors. It also eliminates a number of national limitations, compared to its GATS commitments, in particular for professional services, real estate services and rental and leasing 
services. The scope is also enlarged and a number of individual EU Member States' limitations for 
modes 1 and 2 are withdrawn. While certain activities under other business services, for which there are GATS commitments, are not included in cross-border supply in services in the 
Agreement, for others the scope is enlarged and/or some limitations are withdrawn. 
4.4.1.2.2  Communication services 4.31.  The EU opens, partly and subject to some  limitations, postal services and enlarges its 
coverage for courier services (unbound for postal services and only partially covered for courier 
services under the GATS). It also improves ma rket access for telecommunication sub-sectors, 
while dropping the remaining national treatment limitations of some EU Member States; though the subsector becomes subject to the EU regulatory framework for electronic communication. As WT/REG352/1 
 
- 28 - 
 
  audiovisual services are excluded from the cove rage of the Agreement, the EU undertakes no 
commitments in this subsector, as under the GATS. 
4.4.1.2.3  Construction and related engineering services 4.32.  The EU improves its GATS commitments by enlarging coverage and withdrawing some 
limitations on market access and national treatment for modes 1 and 2 and by facilitating 
establishment for the other Party's service provid ers under mode 3. It also drops a number of 
limitations by individual EU Member States, including for the provision of services through mode 3. 
4.4.1.2.4  Distribution services 
4.33.  Improvements are made in particular in re lation to the establishment of the other Party's 
service providers. While a number of individual EU Member States' limitations are dropped, some Members States maintain their GATS restrictions on the distribution of, inter alia , tobacco and 
tobacco products, alcoholic beverages, and pharmaceuticals. 
4.4.1.2.5  Educational services 4.34.  Commitments in educational services, as under the GATS, are limited to privately funded 
services. A number of EU Member States maintain most education services sub-sectors as 
unbound and the participation of private operators in the education network is subject to concessions. The EU's commitments under the Agreement are broadly similar with those in the 
GATS, though other education services, unbound under GATS, are fully committed in relation to 
establishment though the broad reservation on privately funded education services remains applicable. 
4.4.1.2.6  Environmental services 
4.35.  The EU builds on its GATS commitments. Establishment is partially liberalized while some 
limitations in its GATS schedule are eliminated, particularly in relation to mode 2, while mode 1 remains largely unbound. A wide reservation is registered on water services (collection, 
purification and distribution to private industrial, commercial and other users, including the 
provision of drinking water and water management). 
4.4.1.2.7  Financial services 
4.36.  Largely based upon its GATS commitm ents, the EU's commitments constitute an 
improvement for the Parties' services providers, essentially through the removal of some of the 
individual EU Member States' restrictions for insurance and banking services.  
4.4.1.2.8  Health relate d and social services 
4.37.  Some limitations under the GATS are remo ved, particularly for establishment and in the 
context of the overall simplification of EU commi tments, while most EU Member States maintain 
mode 1 unbound for hospital services, residential he alth facilities other than hospital services and 
social services. Some other health related services (covered under the GATS) are not covered by 
the Agreement.  
4.4.1.2.9  Tourism and travel related services 
4.38.  The EU reduces the number of some of its Member State limitations, resulting in a partial 
improvement for establishment (for hotels and restaurants as well as travel agencies and tour operator services) and for cross-border supply of services (for travel agencies, tour operator 
services and tourist guides services).  
4.4.1.2.10  Recreational, cult ural and sporting services 
4.39.  The EU builds on its GATS commitments, im proves its coverage and reduces the number of 
national limitations. While commitments for the sector overall are improved, coverage and 
limitations on the cross-border supply of servic es for entertainment services, libraries, archives, WT/REG352/1 
 
- 29 - 
 
  museums and other cultural services, as well as sporting and other recreational services remain 
similar to those in the GATS. 
4.4.1.2.11  Transport services 4.40.  The EU undertakes a number of commitments in some transport services subsectors or for 
certain activities, for which it has no GATS commitments. This is the case, with limitations by a 
number of EU Member States, in sub-sectors such as certain maritime transport, internal waterways transport, rail transport services, suppor ting services for road transport, as well as 
some services auxiliary to all modes of transpor t. While commitments on cross-border supply of 
space transport are similar to those in the GATS, establishment is fully liberalized for this subsector, which is unbound in the GATS. Similarly, pipeline transport remains largely unbound for modes 1 and 2, but is fully liberalized and bound under mode 1 in the Agreement. 
4.4.1.2.12  Other services not included elsewhere 
4.41.  As under the GATS, the EU replicates some specific commitments in certain sub-sectors in 
distribution, telecommunications or transport services (such as some energy-related services or 
some telecommunications connection services) or not included elsewhere (such as some 
beauty-related services). 
4.4.2   Moldova 
4.4.2.1  MFN and horizontal commitments 
4.42.  In its GATS schedule, Moldova took commitments in 147 out of 155 services sectors.
38 
Moldova has scheduled extensive commitments in a large number of sectors, making full commitments in some of them without limitations, though mode 4 remains restricted, such as in 
distribution services, education services, environmental services, tourism and travel related 
services, and transport services. The improvements  made by the Agreement are therefore to be 
appreciated against this particular background.  
4.43.  Moldova's MFN exemptions under the GATS are essentially for audio-visual, road transport 
and selling and marketing of air transport servic es. In relation to establishment, Article 205 
contains an MFN commitment by the Parties and no exemptions are listed by Moldova in 
Annex XXVII-E to the Agreement. Audiovisual serv ices are excluded from the coverage of the 
Agreement. For the cross-border supply of servic es, however, there is no MFN clause, amounting 
to a "most-favourable-preferential-partner exemption".  
4.44.  Under the Agreement, as under the GA TS, Moldova registers, a national treatment 
horizontal reservation on the purchase of land, in relation to establishment. The other horizontal 
reservation listed by Moldova under the GATS refers to the movement of natural persons (mode 4) and is addressed in the Agreement through Section 4 of Chapter 6 and through Annexes XXVII-G 
and XXVII-H.  
4.4.2.2  Sector specific commitments 4.45.  The following section identifies some of the main differences, by sector, between Moldova's 
GATS schedule and its sector-specific commitments und er the Agreement. It should also be read in 
conjunction with Annexes XXVII-E and XXVII-F of the Agreement.  
                                               
38 Moldova joined the WTO in 2001.  WT/REG352/1 
 
- 30 - 
 
  Table 4.2 Moldova: comparison between the GATS and Agreement specific commitments 
in trade in services 
Sectors (CPC Classification) GATS  FTA 
Sectoral commitments, except as in Annex IX (horizontal 
reservations) 
Establishment   
(Annex XXVII-A) 
Negative list Cross-border supply in 
services (Annex XXVII-B) 
Positive list 
compared to  
GATS 
commitments  Commitments 
(from 
reservations )  Compared to 
GATS 
commitments Commitments 
(sectoral 
coverage and 
limitations) 
1. Business services      
A. Professional Services Partial  Simila r Partial  Simila r Partial  
B. Compute r and Related Services  Full  Simila r Full Simila r Full  
C. Research and Development  Services  Full Simila r Full Simila r Full 
D. Real Estate Services  Partial  Improved  Partial  Simila r Full  
E. Rental/Leasing Services without Operators  Full Simila r Full Simila r Full 
F. Othe r Business Services Partial  Simila r Partial  Simila r Full  
2. Communication services       
A. Postal services Partial  Simila r Partial  Simila r Partial  
B. Courie r services Full Simila r Full Simila r Full 
C. Telecommunication services  Partial  Improved  Full Simila r Full  
D. Audiovisual services --- Simila r ---* Simila r ---* 
3. Construction and related engineering 
services       
A. General construction work fo r buildings Full Simila r Full Simila r Full 
B. General construction work fo r civil Engineering  Full Simila r Full Simila r Full  
C. Installation and assembly work  Full Simila r Full Simila r Full 
D. Building completion and finishing work  Full  Simila r Full Simila r Full  
E. Othe r Full Simila r Full Simila r Full 
4. Distribution services      
A. Commission agents' services  Full Simila r Full Simila r Full 
B. Wholesale trade services Full  Simila r Full Simila r Full  
C. Retailing services Full Simila r Full Simila r Full 
D. Franchising Full  Simila r Full Simila r Full  
5. Education services      
A. Primary education services  Full Simila r Full Simila r Full  
B. Secondary education services  Full Simila r Full Simila r Full 
C. Higher education services  Full Simila r Full Simila r Full  
D. Adult education Full Simila r Full Simila r Full 
E. Other education services  Full  Simila r Full Simila r Full  
6. Environmental services      
A. Sewage services Full  Simila r Full Simila r Full  
B. Refuse disposal services Full Simila r Full Simila r Full 
C. Sanitation and similar services  Full  Simila r Full Simila r Full  
D. Othe r Full Simila r Full Simila r Full 
7. Financial services      
A. All insurance and insurance-related services  Partial  Improved  Full Improved Full 
B. Banking and othe r financial  services Partial  Simila r Partial  Simila r Full  
8. Health related an d social services      
A. Hospital services Full  Simila r Full Simila r Full  
B. Other Human Health Services Full Simila r Full Simila r Full 
C. Social Services Full  Simila r Full Simila r Full  
D. Othe r --- New Full Simila r --- 
9. Tourism and travel related services       
A. Hotels and restaurants (including catering) Full Simila r Full Simila r Full 
B. Travel agencies and tou r operators services Full  Simila r Full Simila r Full  
C. Tourist guides services Full Simila r Full Simila r Full 
10. Recreational and cultural and sporting 
services      
A. Entertainment services Partial  Simila r Partial  Simila r Partial  
B. News agency services Full  Simila r Full Simila r Full  
C. Libraries, archives, museums and other cultural 
services Full Simila r Full Simila r Full 
D. Sporting and other recreational services  Full  Simila r Full Simila r Full  
11. Transport services       
A. Maritime Transport Services  Full Full Partial  Limited  Partial  
B. Internal Waterways Transport Full Full Partial  Limited  Partial  
C. Air Transport Services Full  Improved  Full Improved Full  
D. Space Transport  Full Simila r Full Simila r Full 
E. Rail Transport Services Full  Simila r Full Simila r Full  
F. Road Transport Services Full Simila r Full Simila r Full 
G. Pipeline Transport  Full  Simila r Full Simila r Full  
H. Services auxiliary to all modes of transport  Full Simila r Full Simila r Full 
I. Othe r Transport Services  Full  Simila r Full Simila r Full  
General Note: MFN and Horizontal limitations, as well as Mode 4 commitments/limitations not considered. WT/REG352/1 
 
- 31 - 
 
  Partial:  Specific commitments subject to some limitation(s) under market access or national treatment, 
under any of the three modes. 
Full: GATS commitments not subject to limitation(s) under market access or national treatment, under 
any of the three modes. 
---: No specific commitment under GATS. New: New commitments under the Agreement (full or partial, with or without limitations) which can, in 
most but not all cases, be seen as "improved". 
Improved: Overall improved commitments made under the Agreement compared to those under the GATS. 
Similar: Similar commitments (Agreement vs GATS); though possibly, in individual cases, with limited 
improvements and/or limited  additional reservations. 
Not covered: No commitme nt for the subsector. 
Limited: Some additional limitations (as compared to GATS commitments). *: Excluded from the Agreement. Source:  Moldova's Schedule of Specific Commitment s (GATS/SC/134), and Annexes XXVII-B and XXVII-F to 
the Agreement. 
 
4.4.2.2.1  Business services 
4.46.  Moldova builds on its commitments under the GATS, in particular by fully committing real 
estate services under mode 3, though the horizontal limitation on the purchase of real estate remains. 
4.4.2.2.2  Communication services 
4.47.  Moldova's commitments are improved, compared to its GATS commitments, through full 
commitments without limitation in telecommunication services, including for establishment. 
Similarly as for the EU and as audiovisual serv ices are excluded from the coverage of the 
Agreement, Moldova has no commitments in this subsector, as under the GATS. 
4.4.2.2.3  Construction and related engi neering services; distribution services; 
educational services; environmental services ; and tourism and travel related services 
4.48.  Full commitments, without reservations, are made under both the GATS and the 
Agreement. 
4.4.2.2.4  Financial services 
4.49.  Largely based upon its GATS commitm ents, Moldova's commitments constitute an 
improvement for the Parties' services providers th rough the removal of limitations in the insurance 
sector both for establishment and cross-border supply of services. 
4.4.2.2.5  Health relate d and social services 
4.50.  Full commitments without reservations ar e made for the sector. Under the GATS, there are 
no commitments in the subsector "other health related and social services". While this remains the case for modes 1 and 2, under mode 3 Moldova does not have reservations.  
4.4.2.2.6  Recreational, cultural and sporting services 
4.51.  Except for entertainment services, which ar e only partly covered, both under the Agreement 
and under GATS, full commitments without reservat ion are made in the GATS and the Agreement. 
4.4.2.2.7  Transport services 
4.52.  Full commitments without reservations, are made in the GATS. National cabotage is 
however excluded from the coverage of the Agreement. However, the Agreement expands 
coverage in air transport services through the inclusion of ground-handling services and airport 
operation services, for which Moldova has full co mmitments without restriction in the Agreement. WT/REG352/1 
 
- 32 - 
 
  4.5  Regulatory provisions  
4.53.  Under Section 5 of Chapter 6, establishing a regulatory framework applicable to trade in 
services between the Parties, the Agreement has provisions on domestic regulation related to 
conditions for licensing and qualifications (Articles 220 and 221); as well as provisions of general 
application on mutual recognition (Article 222); and transparency and disclosure of confidential 
information (Article 223). It also sets out the princi ples of the regulatory frameworks applicable to 
computer services; postal and courier services; telecommunications services; financial services; 
and international maritime services. Specific provisions on computer services; postal and courier 
services; electronic communication networks and services; financial services; and transport services complement Section 5 of Chapter 6.
39  
4.5.1  Domestic regulation 
4.54.  Articles 219 through 221 establish disciplines on licencing requirements and procedures, 
qualification requirements and procedures that affect cross-border supply of services; establishment; and temporary stay of natural persons for business purposes. The provisions on 
domestic regulation apply only to the sectors where specific commitments are undertaken and to 
the extent that those commitments apply; and/or to the extent a reservation is not listed (in the case of establishment and temporary stay of natural persons). 
4.55.  Each Party shall ensure that measures relating to licensing requirements and procedures, 
qualification requirements and procedures are ba sed on criteria which preclude the competent 
authorities from exercising their power of assessment in an arbitrary manner.
40 Other conditions 
for licensing and qualification as well as their related procedures are in Articles 220 and 221. 
4.5.2  Recognition 
4.56.  Nothing in Chapter 6 shall prevent a Party from requiring natural persons to have the 
necessary qualifications and/or professional experi ence required in the territory where the service 
is supplied, for the sector of activity concerned (Article 222).  
4.57.  The Parties shall encourage professional bodies to jointly develop recommendations on 
mutual recognition. The Association Committee (in Trade configuration) established by the 
Agreement shall review such recommendations. The Parties shall, when appropriate, negotiate a 
mutual recognition agreement which shall be consistent with the relevant provisions of the WTO Agreement, in particular Article VII of the GATS. 
4.5.3  Subsidies 
4.58.  The disciplines in Chapter 6 covering establishment, trade in services and electronic 
commerce do not apply to subsidies. Elements related to subsidies are however included in 
Chapter 10 (competition) addressed below under section 5.7.2. 
4.5.4  Safeguards 
4.59.  Chapter 6 does not contain any specific provision on safeguards. 4.5.5  Other 
4.5.5.1  Investment 
4.60.  Investment is not specifically addressed in a section of the Agreement. However, disciplines 
on establishment, regulated by the provisions of Chapter 6, do indirectly cover investment-related matters. Chapter 7, which covers current paymen ts and movement of capital, also contains 
investment-related provisions (see below). 
                                               
39 Sector-specific provisions are addressed below under section 4.6.  
40 The criteria shall be: proportionate to a public policy objective; clear and unambiguous; objective; 
pre-established; made public in adva nce; and transparent and accessible. WT/REG352/1 
 
- 33 - 
 
  4.5.5.2  Monopolies and ex clusive service suppliers 
4.61.  Elements related to monopolies and exclusive service suppliers are included in Chapter 10 
(competition), which is addressed below under section 5.10.3. 
4.5.6  Taxation measures 
4.62.  Article 262 establishes that the MFN treatment granted in accordance with Chapter 6 shall 
not apply to tax treatment the Parties are providing or will provide in future under any double taxation avoidance agreements.  
4.6   Sector specific provisions on trade in services 
4.6.1   Computer services 4.63.  Article 224 contains the Parties' understanding on computer services to the extent that 
trade in computer services is liberalized in accordance with Section 2 (establishment), 
3 (cross-border supply of services) and 4 (tempora ry presence of natural persons for business 
purposes) of Chapter 6. The understanding clarifies what is covered by the CPC 84 code, used for describing computer and related services. Core-services that are delivered electronically 
(e.g. banking) are not covered by CPC 84 code, while enabling services (e.g. web-hosting or 
application hosting) are. Article 224 also clarifie s what is to be covered by the terms "computer 
and related services", regardless of whether these services are delivered via a network, including 
the Internet.  
4.6.2  Postal and courier services 4.64.  Articles 225-230 set out the principles of th e regulatory framework for all postal and courier 
services in which the Parties have commitments in accordance with Sections 2, 3 and 4 of Chapter 
6. The section of the Agreement on postal and courier services contains provisions on the 
prevention of anti-competitive practices in the post al and courier services sector, universal service, 
individual licences, and independence of regula tory bodies. It also refers to the gradual 
approximation process of Moldova's existing and future legislation on postal and courier services to 
the list of the EU acquis  set out in Annex XXVIII-C to the Agreement. 
4.6.3  Electronic communicati on networks and services 
4.65.  Articles 231-239 set out the principles of the regulatory framework for electronic 
communication services
41, in which the Parties have commitments pursuant to Section 2, 3 and 4 
of Chapter 6. The section on telecommunications services builds on certain aspects of the 1996 Reference paper of the WTO Negotiating Grou p on Basic Telecommunications and contains, 
besides definitions, provisions on regulatory authorities; authorization to provide 
telecommunications services, access to interconnection; procedures for the allocation and use of scarce resources, universal service; cross-border provision of electronic communication services; 
confidentiality of information; and disputes between suppliers of telecommunications networks or 
connected services. It also refers to the gradual approximation process of Moldova's existing and future legislation on telecommunication services to the list of the EU acquis  set out in 
Annex XXVIII-B to the Agreement. 
4.6.4  Financial services 4.66.  Articles 241 through 249 establish the principl es of the regulatory framework for all financial 
services in which the Parties have commitments pursuant to Section 2, 3 and 4 of Chapter 6. The 
section of the Agreement on financial services contains provisions on clearing and payment 
systems; prudential carve-out; effective and transparent regulation; new financial services
42; data 
                                               
41 "Electronic communication services" means all services which consist wholly or mainly in the 
conveyance of signals on electronic communication networks, including telecommunication services and 
transmission services in networks used for broadcasting. Those services exclude services providing, or 
exercising editorial control over, content transmitted using electronic communication networks services. 
42 A Party may determine the institutional and juridical from through which the new financial service 
may be supplied and may require authorizat ion for the supply of such service.  WT/REG352/1 
 
- 34 - 
 
  processing; specific exceptions, self-regulatory organizations; and clearing and payment systems. 
The Agreement also refers to the gradual approxim ation process of Moldova's existing and future 
legislation to the international best practice st andards listed in Annex XXVIII-A to the Agreement. 
4.6.5  International maritime transport services and air transport 
4.67.  Articles 250-252 set out the principles for certain transport services (in particular 
international maritime transport and some air transport services) in which the Parties have commitments pursuant to Sections 2, 3 and 4 of Chapter 6.  
4.68.  As regard international maritime transport
43, each Party agrees to ensure effective 
application of the principle of unrestricted access to cargo on a commercial basis; the freedom to provide international maritime services, as well as national treatment in the framework of the provision of such services. The Parties shall not introduce cargo-sharing arrangements in future 
agreements with third countries concerning mariti me transport services and terminate, within a 
reasonable period of time cargo-sharing arrangements in case they exist in previous agreements. Moreover, upon the entry into force of the Agreement, the Parties shall abolish and abstain from 
introducing any unilateral measures and administrative, technical and other obstacles which could 
constitute a disguised restriction or have discriminatory effects on the free supply of services in international maritime transport. MFN treatment shall be granted for the establishment of 
international maritime transport service suppliers of the other Party. A number of services at the 
port shall be made available without discrimination to operators of the other Party. Movement of equipment between ports of the Parties shall be permitted.  
4.69.  As regard air transport, progressive libe ralization of air transport between the Parties, 
adapted to their reciprocal commercial needs and the conditions of mutual market access, is dealt 
with by the Common Aviation Area Agreement between the EU and its Members States and 
Moldova.
44 
4.70.  The Agreement also refers to the gradual approximation process of Moldova's existing and 
future legislation in relation to transport services to the list of the EU acquis  set out in 
Annex XXVIII-D to the Agreement. 
4.6.6  Electronic commerce 
4.71.  Provisions on electronic commerce are contained in Chapter 6. The Parties agree that 
electronic transmission shall be considered as the provision of services, within the meaning of Section 3 of Chapter 6 (cross-border supply of services), which cannot be subject to customs 
duties. The Parties also agree that the develo pment of electronic commerce must be fully 
compatible with the highest international standards of data protection, in order to ensure the confidence of users of electronic commerce. They  commit to maintain a dialogue on regulatory 
issues raised by electronic commerce. 
4.72.  Recognizing that the services of intermediaries can be used by third parties for infringement 
activities, the Parties shall provide measures that are set out in Sub-section 2 of Chapter 6 and 
which cover the liability of intermediary service providers in relation to certain types of activities 
("mere conduit", "caching", and "hosting"). In that regard, the Parties shall not impose a general obligation on providers, when providing the services covered by this section of the Agreement, to monitor the information which they transmit or store, nor shall they impose a general obligation to 
actively seek facts or circumstances indicating illegal activity. The Parties may nevertheless 
establish obligations for information society providers to promptly inform the competent public authorities of alleged illegal activities undertaken or information provided by recipients of their 
service or obligations to communicate the competent authorities, at their request, information 
enabling the identification of recipients of their service with whom they have storage agreements. 
                                               
43 "International maritime transport" includes door to door and multi-modal transport operations 
involving a sea-leg, under a single transport document, and to that effect the right to directly contract with providers of other modes of transport. 
44 The text of the Agreem ent can be accessed at: 
http://ec.europa.eu/transport/modes/air/international_aviation/country_index/doc/common_aviation_area_agr
eement_between_moldova_and_eu_ms.pdf  WT/REG352/1 
 
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  5  GENERAL PROVISIONS OF THE AGREEMENT 
5.1  Transparency 5.1.  In addition to the specific transparency ru les contained in other parts of the Agreement, and 
without prejudice to any of them, Chapter 12 contains general transparency disciplines. 
Articles 355 through 362 list requirements on publication of measures of general application; the 
designation of contact points acting as coordinators to facilitate the communication between the Parties; the principles pertaining to the administra tion of measures of general application; review 
and appeal of administrative actions relating to matters covered under Title V; and regulatory 
quality and performance and good administrative behaviour. 
5.2.  It is worth mentioning that, in relation to trade in services in particular, Article 223 contains 
specific provisions on transparency and disclosure of confidential information. It establishes, in 
each Party, enquiry points to provide specific information to entrepreneurs and services suppliers 
of the other Party on all requests by a Party for specific information regarding any of its measures of general application or international agreements which relate to or affect Chapter 6. 
5.2  Current payments and capital movements 
5.3.  Chapter 7 covers current payments and movement of capital. The Parties undertake to 
authorise, in freely convertible currency, in accord ance with the provisions of Article VIII of the 
Agreement of the International Monetary Fund , any payments and transfers on the current 
account of balance of payments between the Parties (Article 264).  
5.4.  The Parties shall ensure the free movement of capital relating to direct investments, including 
the acquisition of real estate, in accordance with the laws of the host country, investments in 
accordance with the provisions of Chapter 6, and th e liquidation or repatriation of invested capital 
and of any profit stemming therefrom. With regard to other transactions on the capital and financial accounts of the balance of payments, each Party shall ensure, without prejudice to other 
provisions of the Agreement, the free movement of capital relating to credits for commercial 
transactions or for the provision of services in which a resident of one of the Parties is participating; and the free movement of capital relating to portfolio investments, financial loans 
and credits by the investors of the other Party (Article 265).  
5.5.  Where, in exceptional circumstances, payments and capital movements cause, or threaten to 
cause, serious difficulties for the operation of exchange rate or monetary policy in any of the Parties, that Party may adopt safeguard measures with regard to capital movements for a period 
not exceeding six months if such measure are strictly necessary (Article 266). 
5.6.  Consultation between the Parties on ways to facilitate the movement of capital between the 
Parties shall take place. Moreover, during the first four years following the date of entry into force 
of the Agreement, the Parties shall take measur es permitting the creation of the necessary 
conditions for further gradual application of the EU rules on the free movement of capital. By the end of the fifth year following the entry into force of the Agreement, the Association Committee in 
Trade configuration shall review the measures taken and determine the modalities for further 
liberalization (Article 267). 
5.3  Exceptions 5.7.  Exceptions to the Title on trade in goods are contained in Article 154. Exceptions applicable 
to establishment, cross-border supply of services, electronic commerce and current payments and 
movement of capital are contained in Articles 261 and 263. In addition, Title VII (General and final 
provisions), applicable horizontally to the whole Agreement, also covers security exceptions 
(Article 446). 
5.3.1  General exceptions 5.8.  Article 154 builds on the provisions in Article XX of GATT 1994 and foresees consultation 
between the Parties before a general exception may be applied. In relation to establishment and 
trade in services, Article 261 builds on the provisions  of Article XIV of GATS and is also applicable WT/REG352/1 
 
- 36 - 
 
  to the Parties' reservations on establishment, co mmitments on cross-border services, reservations 
on key personnel, graduate trainees and business sellers, and reservations on contractual services suppliers and independent professionals. Moreover, it establishes a carve-out for the Parties' respective social security systems or to activities in the territory of each Party which are 
connected, even occasionally, with the exercise of official authority.  
5.3.2  Security exceptions 5.9.  Article 154 (security exception on trade in goods) incorporates the provisions of Article XXI of 
GATT 1994 and Article 263 (security exception on establishment and trade in services) 
incorporates the provisions of Article XIV bis of GATS. Moreover, under Title VII (Institutional, 
general and final provisions), Article 446 replicates most of the wording of the security exception contained in Article XXI of GATT 1994, in Article XIV bis of GATS, and of Article 73 of the TRIPS 
Agreement. None of these provisions mention the actions in pursuance of the Parties' obligations 
under the UN Charter for the maintenance of international peace and security. 
5.10.  While the Agreement confirms the applic ation of the principle of non-discrimination 
(Article 447), it also indicates that this is withou t prejudice to the right of the Parties to apply the 
relevant provisions of their fiscal legislation to taxpayers who are not in identical situations as regards their place of residence (Article 447). 
5.4   Accession and Withdrawal 
5.11.  The Agreement shall be valid for an inde finite period. Any Party may withdraw from the 
Agreement, in which case the Agreement shall be terminated according to the provisions of Article 464. 
5.5  Government procurement
 45 
5.12.  Chapter 8 of the Agreement (Articles 268 through 276) contains rules applicable to 
government procurement. The Chapter envisages mu tual access to public procurement markets on 
the basis of the principle of national treatment at national, regional and local level for public 
contracts and concessions in the public and utilities sectors. It also provides for a gradual approximation of the public procurement legislation in Moldova with the EU's acquis , accompanied 
by institutional reform and the creation of an efficient public procurement system based on the 
principles governing public procurement in the EU.
46 Chapter 8 applies to contracts above value 
thresholds set out in Annex XXIX-A to the Agreemen t. The value of the thresholds shall be revised 
regularly every two years.  
5.13.  The EU is a Party to the plurilateral WTO Government Procurement Agreement (GPA), while 
Moldova is negotiating its accession to it. As a result, the Agreement's provisions on government procurement improve legal certainty in relation to market access for all Parties for the 
procurement of goods and services covered by Annex XXIX-A. The EU's commitments under the 
Agreement largely correspond to those it made under the GPA, with identical thresholds. Some adjustments are made to integrate recent  EU internal and intra-GPA government 
procurement-related practices through granting Moldovan suppliers full and unrestricted access to 
the EU procurement market (insofar as it is cove red by the EU procurement legislation), based on 
                                               
45 "Government procurement" means pr ocurement for governmental purpos es of goods, services, or any 
combination thereof as specified, with respect to each  Party, in Appendix 1 of Annex XII to the Agreement 
(Government Procurement). 
46 The Agreement makes direct references to the EU  Directive 2004/18/EC of the European Parliament 
and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts. Annex XXIX-C to the Agreement summarizes the basic elements of that Directive and Annex XXIV-D provides  the basic elements of Council Directive 89/665/EEC. A 
reference to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 
coordinating the procurement procedures of entities op erating in the water, energy, and transport and postal 
services sectors is also made. Annex XXIV-E to the Agre ement summarizes the basic elements of that Directive 
and Annex XXIV-D provides the basi c elements of Council Directive 92/13/EEC. Other non-mandatory and 
mandatory elements of relevant EU Directives are contained in Annexes XXIX-F to XXIV-K, while 
Annexes XXIX-L through XXIX-O list the provisions of a certain Directives which ar e outside of the scope of 
approximation.  WT/REG352/1 
 
- 37 - 
 
  Moldova's progress in transposing and implementing EU legislation. This is somewhat wider than 
what the EU is offering under the GPA. 
5.14.  No later than nine months from the entr y into force of the Agreement, the Parties shall 
comply with a set of basic standards, deriving directly from the EU's acquis , including the 
principles of non-discrimination, equal treatment,  transparency and proportionality, for the award 
of all contracts. The basic standards regulating th e award of contracts, as listed in Article 271, 
cover publication; award of contracts; and juridica l protection. The main features of an appropriate 
institutional framework and mechanism necessary for the proper functioning of the public 
procurement system and the implementation of the provisions of Chapter 8 are contained in 
Article 270. 
5.15.  In relation to the gradual approximation of Moldova's public procurement legislation with the 
EU's acquis , prior to the commencement of the process, Moldova shall submit to the Association 
Committee in Trade configuration a comprehensive roadmap for the implementation of Chapter 8. 
In that regard, Annex XXIX-B to the Agreemen t contains an indicative time schedule for 
institutional reform, legislative approximation and market access. As the gradual approximation 
progresses, each phase of the approximation pr ocess shall be evaluated by the Association 
Committee in Trade configuration. Following a positive assessment by the Committee, reciprocal 
granting of market access, as set out in Annex XXIX-B to the Agreement, shall be granted. 
5.16.  The Parties shall inform the economic operators of procurement procedures (Article 275), 
while cooperation between them to achieve a better understanding of their respective government procurement systems is governed by Article 276 and Annex XXIX-P to the Agreement which 
include a list of issues for cooperation. 
5.6  Intellectual property rights 5.17.  Chapter 9 covers intellectual property rights. As a general principle, the Parties shall ensure 
the adequate and effective implementation of in ternational IPR agreements to which they are 
parties, including the TRIPS Agreement. In that context, the provisions of Chapter 9 shall complement and further specify the rights and obligations between the Parties under the TRIPS 
Agreement and other international agreements in the field of IPR. Under the Agreement, 
protection of intellectual property includes protection against unfair competition as referred to in Article 10 bis of the Paris Convention for the Protec tion of Industrial Property of 1967. 
5.18.  Each Party shall provide for a regime of domestic or regional exhaustion of IPRs. 
5.19.  On copyright and related rights (Articles 280 through 291), the Parties shall comply with 
existing rights and obligations by virtue of the Berne Convention for the Protection of Literary and Artistic Works, the Rome Convention for the Prot ection of Performers, Producers of Phonograms 
and Broadcasting Organizations, the WIPO Copyright Treaty, the WIPO Performance and 
Phonograms Treaty, and the TRIPS Agreement. The Agreements builds on the relevant provisions 
of the TRIPS Agreement with respects to principles  applicable to authors (Article 281); performers 
(Article 282); producers of phonograms (Art icle 283); and broadcasting organizations 
(Article 284), including in connection with broadcasting and communication to the public (Article 285). Under Article 286, the rights of authors shall run for the life of the author and 70 years after 
his/her death, while the term of protection for pe rformers shall expire no less than 50 years from 
the date of the performance, with longer period of  protection in case the performance is fixed in a 
phonogram (70 years). The rights of broadcasting organizations shall expire no less than 50 years after the first transmission of a broadcast. Th e Agreement also contains disciplines on the 
protection of technological measures (Article 287); the protection of rights management 
information (Article 288); and the resale right of artists in works of arts (Article 290), while exceptions and limitations to IP rights are cove red by Article 289. A best endeavour clause is 
applicable to cooperation on collective management of rights (Article 291). 
5.20.  On trademarks (Articles 292 through 295), the Parties commit to comply with the Madrid 
Protocol
47, the WIPO Trademark Law Treaty and the Nice Agreement Concerning the International 
Classification of Goods and Services for the Purposes  of the Registration of Marks. They also shall 
                                               
47 Protocol Relating to the Madrid Agreement Concerni ng the International Registration of Marks adopted 
on 28 June 1989. WT/REG352/1 
 
- 38 - 
 
  make all reasonable efforts to adhere to th e Singapore Treaty on the Law of Trademarks. 
Disciplines on the trademarks' registration procedure (Article 293) and the protection of well-known marks (Article 294) are also covered by the Agreement, while exceptions to the rights conferred by a trademark are addressed in Article 295. 
5.21.  Disciplines on geographical indications
48 (GIs), which complement the relevant provisions 
contained in the TRIPS Agreement, are contained in Articles 296 through 306. They apply in particular to the scope of protection (Article 299); the right of use (Article 300); the enforcement 
of protection (Article 301); the implementation of complementary actions (Article 302); and the 
relationship with trademarks (Article 304). Annex XXX-A to the Agreement lists the Parties' relevant legislation applicable to the protection of GIs. Mo reover, Part C of Annex XXX-A identifies 
the elements for registration and control of GIs that shall serve as a basis for an objection 
procedure. After having completed the objection procedure, the Parties shall protect their 
respective GIs
49 for agricultural products and foodstuffs , listed in Annex XXX-C, and for wines, 
aromatised wines and spirit drinks, listed in Annex XXX-D.50 A Geographical Indications 
Sub-Committee is established under Article 306, inter alia , to approve a product specification, to 
amend Annexes XXX-A to XXX-D, and to monito r the latest developments regarding the 
enforcement of the protection of GIs listed in Annexes XXX-C and XXX-D to the Agreement. 
Cooperation and transparency on GIs is addressed in Article 305. 
5.22.  On designs (Articles 307 through 311), the Parties shall comply with the Geneva Act to the 
Hague Agreement Concerning the International Registration of Industrial Designs (1999). The Agreement identifies the requirements for the protection of designs
51 (Article 308); the protection 
conferred to unregistered designs (Article 309); the possibility to establish limited and conditional 
exceptions to the protection of designs (Art icle 310); and the relationship to copyright 
(Article 311).  
5.23.  On patents (Article 312 through 317), the Parties shall adhere to the provisions of the WIPO 
Patent Cooperation Treaty and shall make all reasonable efforts to comply with the WIPO Patent Law Treaty. The importance of the Declaration of  the Ministerial Conference of the WTO on the 
TRIPS Agreement and public health (2001) and of the related Decision of the WTO General Council 
of 30 August 2003 is reiterated. The Agreements contains specific rules on medicinal and plant 
protection products protected by a patent (Article 314) as well as on the protection of data submitted to obtain an authorization to put a medicinal product on the market and of plant 
protection products (Articles 315 and 316). Moreover, the Parties shall protect plant varieties 
rights, in accordance with the International Convention for the Protection of New Varieties of Plants (UPOV Convention). 
5.24.  Section 3 of Chapter 9 addresses enforcement of intellectual property. It establishes the 
modalities for civil enforcement (Articles 320 through 329) and contains disciplines on border measures (Article 330). It also encourages the development, by trade or professional associations 
or organizations, of codes of conduct aimed at contributing to the enforcement of IPRs 
(Article 331) and defines areas of cooperation between the Parties with a view to supporting 
implementation of the commitments and obligations undertaken under Chapter 9. 
5.7  Dispute settlement 
5.25.  Article 454, under Title VII (Institutional, general and final provision), establishes a dispute 
settlement mechanism for disputes between the Parties concerning the interpretation, implementation, or good faith application of the Association Agreement. However, disputes 
                                               
48 Including "designations of origin". 
49 The lists may be complemented with new GIs to be protected after the Parties have completed the 
objection procedure. 
50 It should be noted that Annexes XXX-C and XXX-D only contain, to date, products from the EU which 
are subject of protection. There is an ongoing process of preparing new products to be added to the list. 
Currently, approximately 3200 EU and 4 Moldovan GIs are in the process of being added to the list. 
51 The duration of protection shall amount to 25 year s from the date of filing of the application for 
registration. WT/REG352/1 
 
- 39 - 
 
  concerning the interpretation, implementation, or  good faith application of Title V (Trade and 
trade-related matters) are governed by Chapter 14 (Dispute settlement).52  
5.26.  The Parties endeavour to resolve any dispute by entering into consultations in good faith 
with the aim of reaching a mutually agreed solution. The rules applicable to the consultation 
process are set out in Article 382. Any Party may also request the other Party to enter into a 
mediation procedure with respect to any measure adversely affecting trade or investment between 
the Parties pursuant to Article 383 and Annex XXXII to the Agreement. Should the Parties not 
agree on a mediator within a prescribed period of time, a mediator may be selected by drawing 
lots from a list of arbitrators established, no later than six months after the entry into force of the Agreement, pursuant to Article 404.  
5.27.  The provisions in Chapter 14 are without prejudice to the rights and obligations of the 
Parties pursuant to the WTO Agreement, including the dispute settlement proceedings 
(Article 405). The Agreement also provides for the choice of the dispute settlement proceeding either under the WTO or under the Agreement, at the discretion of the complaining Party. 
However, when a Party has requested the establishment of a panel under Article 6 of the WTO 
Dispute Settlement Understanding or an arbitration panel pursuant to Article 384 of the Agreement, that Party may not initiate another proceeding for the breach of a substantially 
equivalent obligation in the other forum, except when the forum selected first fails for procedural 
o r  j u r i s d i c t i o n a l  r e a s o n s  t o  m a k e  f i n d i n g s  o n  t h e  c l a i m .  N o  p r o v i s i o n  i n  C h a p t e r  1 4  p r e v e n t s  a  Party from suspending benefits if and as author ized by the Dispute Settlement Body of the WTO. 
5.28.  Should the above-mentioned consultations fail to enable a satisfactory mutual resolution of 
the matter, the complaining Party may request the establishment, by the Association Committee in 
Trade configuration, of an arbitration panel (Articles 384 and 385). The Parties can agree on the three arbitrators within 10 days of the request and if they fail to agree a panel can be established 
by lot from a list of pre-agreed arbitrators as provided for in Article 404. Moreover, a Code of 
Conduct for arbitrators and mediators is provided for in Annex XXXIV to the Agreement. If a Party 
so requests, the arbitration panel has to give a preliminary ruling on whether it deems the case to 
be urgent within 10 days of its establishment (Article 386). The rules of procedure for dispute 
settlement are set out in Annex XXXIII to the Agreement. 
5.29.  The arbitration panel should interpret the provisions of Title V in accordance with the 
customary rules of interpretation of public international law, including those codified in the Vienna 
Convention of 1969 on the Law of Treaties. The panel should also take into account relevant 
interpretations established in reports of panels  and of the Appellate Body adopted by the WTO 
Dispute Settlement Body. The rulings of the arbitration panel cannot add to or diminish the rights 
and obligations of the Parties under the Agreement (Article 401). Information and technical advice 
may be obtained by the panel and amicus curiae  briefs may be submitted to the panel in 
accordance with the rules of procedures (Artic le 400). The arbitration panel should make every 
effort to take any decision by consensus. Nevertheless, the matter at issue may be decided by a 
majority vote. In no case shall dissenting opinions  of arbitrators should be disclosed (Article 402). 
5.30.  An interim report is issued to the Parties by  the arbitration panel prior to the notification by 
the panel to the Parties of its final ruling. Shorter time-limits are provided for are provided for in 
cases of urgency.  
5.31.  The Party complained against should take any measure necessary to comply promptly and 
in good faith with the arbitration panel ruling (Article 390). Should a disagreement exist on the 
length of the reasonable period of time for co mpliance with the panel ruling, the panel may have 
to rule on the matter. In case the complaining Party disagrees that the measures put in places by the party complained against ensure compliance with the panel ruling, the complaining Party may 
request the original arbitration panel to decide on the matter (Article 392).  
5.32.  In case of non-compliance, the complaining Party may request the Party complained against 
for temporary compensation for non-compliance; or  notify the Party complained against and the 
                                               
52 The dispute settlement procedures applies to the entire Title V on trade and trade-related matters 
with the exception of Section 1 on Global safegu ard measures and Section 2 on Anti-dumping and 
countervailing measures of Chapter 2 and Section 1 on Antitrust and mergers of Chapter 10 and Chapter 13 (trade and sustainable development). The latter provides for its specific dispute settlement mechanism.  WT/REG352/1 
 
- 40 - 
 
  Association Committee in Trade configuration of its intention to suspend concessions to a level 
equivalent to the nullification or impairment caused by the violation (Article 393). A suspension of benefits may be applied at the earliest 10 days af ter this notification. The level of the suspension 
may be challenged by the Party complained against and be examined by the arbitration panel. The 
compensation or the suspension of benefits are temporary and do not waive the obligations of the 
Party complained against to comply with the ruling. The Party complained against may at any time following an agreement on compensation or a susp ension of benefits notify the adoption of a 
measure to comply with the panel ruling and request the complaining Party to terminate the 
suspension of benefits. The suspension of benefits  should be terminated within 30 days following 
the Party complained against in compliance with th e provisions of the Agreement. In such a case, 
the complaining Party must ask the arbitration panel to rule on the matter.  
5.33.  When a dispute raises a question of interpre tation of an EU provision, the arbitration panel 
should not decide the question but request the EU Court of Justice of the European Union to rule on the question.  
5.34.  A special, faster, procedure for disputes concerning chapter 11 (trade-related energy), is 
provided for in Chapter 14. This procedure is fa ster than the procedure in cases of urgency and 
contains specific provisions concerning conciliation for urgent energy disputes (Article 388) and 
remedies for urgent energy disputes (Article 394).  
5.35.  Chart 5.1 below summarizes the main steps of the dispute settlement mechanism 
established by the Agreement. 
Chart 5.1 Specific Dispute Settlement Me chanism established by the Agreement 
 
  
 
  
 
   
 
  
 
  
 
   
 
  
 
  
 
   
 
  
 
  
Remedies for urgent energy 
disputes (Art. 394) 
Source: WTO Secretariat based on the Agreement. 
 Consultations (Art. 382 ) 
Establishment of an 
Arbitration Panel  
(Art. 384-385) 
Proceedings (Art. 386-387 
and Annex XXXIII ) 
Final Ruling by the  
Arbitration Panel (Art. 389) 
(Temporary) suspension of benefits by 
complaining Party (Art. 393) Review of compliance  
(Art. 392 ) Notification by the Party 
complained against of the 
measure to comply 
(Art. 392) Mediation (Art. 383 ) 
Conciliation for urgent energy 
disputes (Art. 388) 
Ruling by the Panel on the level of 
suspension (Art. 393) 
Review of compliance  
(Art. 395 ) Notification by the Party complained 
against of the measure to comply after 
the adoption of temporary remedies 
for non-compliance (Art. 395) WT/REG352/1 
 
- 41 - 
 
   
 
5.8  Institutional framework 5.36.  The Agreement establishes an Association Council to supervise and monitor the application 
and implementation of the Agreement (Article 434). For the purpose of attaining the objectives of 
the Agreement, the Association Council shall have the power to take decisions, including updating 
or amending the texts, within the scope of the Agreement (Article 436). 
5.37.  The Agreement also establishes an Association Committee, including in its Trade 
configuration that monitors the implementation of Title V (DCFTA) to assist the Association Council. 
5.38.  The Association Committee in Trade configuration is assisted by 4 sub-committees 
established under the Agreement to monitor th e implementation of Chapter 4 (Sanitary and 
phytosanitary measures), Chapter 5 (Customs and trade facilitation), Chapter 9 (Geographical Indications) and Chapter 13 (Trade and sustainable development).  
5.39.  The institutional framework established by the Agreement is summarized by Chart 5.2 
below.  
Chart 5.2 Institutional Framework of th e DCFTA established by the Agreement 
 
   
 
  
 
  
 
   
 
  
 
  
 
 5.9  Relationship with other agreements concluded by the Parties 
5.40.  The 1994 Partnership and Cooperatio n Agreement between the EU and Moldova
53 is 
repealed and replaced by the Association Agreement, in particular the provisions of Title V. 
Pending the (definitive) entry into force of the other parts, the Partnership and Cooperation Agreement continues to apply. The Agreement al so replaces the agreement between the EU and 
Moldova on the protection of geographical indications of agricultural products and foodstuffs, 
signed in 2012.
54 The Parties may complement the Agreement by concluding specific agreements 
in any area falling within its scope. Such agreements shall be an integral part of the overall 
bilateral relations as governed by the Agreement and shall form part of a common institutional 
framework.  
                                               
53 This Agreement entered in to force in 1998. 
54 This Agreement entered into force in 2013. Association Council (Art. 434-436, 438) 
Sanitary and Phytosanitary Sub-Committee (Art. 191) 
Customs Sub-Committee (Art. 200) 
Geographical Indications Sub-Committee (Art. 306) 
 
Trade and Sustainable Development Sub-Committee 
(Art. 376) Arbitration Panel(s) 
(Art. 385) 
Source: WTO Secretariat based on the Agreement. 
 Association Committee (in Trade configuration) 
(Art. 437-438) 
 WT/REG352/1 
 
- 42 - 
 
  5.41.  The Agreement shall not preclude the ma intenance or establishment of customs unions, 
other free trade areas or arrangements for frontier traffic except insofar as they conflict with the trade arrangements provided for in the Agreement (Article 157). Should these situations occur, in particular in the event of a third country acceding to the EU, the Parties shall consult so as to 
ensure that account is taken of the mutual interests of both Parties.  
5.42.  Table 5.1 below shows the Parties' RTAs, notified and non-notified, other than the 
Agreement. 
Table 5.1 European Union and Moldova: Pa rticipation in other RTAs (notified and 
non-notified in force), as of 6 February 2015 
RTA Name Date of 
entry into 
force Coverage GATT/WTO Notification 
Year WTO Provision 
European Union 
EU - Ukraine a  Goods & Services 2014 GATT Art. XXIV & GATS Art. V 
EU - Georgia 01-Sep-14 Goods & Services 2014 GATT Art. XXIV & GATS Art. V 
EU - Cameroon 04-Aug-14 Goods 2009 GATT Art. XXIV 
EU - Central America 01-Aug-13 b Goods & Services 2013 GATT Art. XXIV & GATS Art. V 
EU - Colombia and Peru 01-Mar-13 c Goods & Services 2013 GATT Art. XXIV & GATS Art. V 
EU - Eastern and Southern 
Africa States Interim EPA 14-May-12 Goods 2012 GATT Art. XXIV 
EU - Republic of Korea 01-Jul-11 Goods & Services 2011 GATT Art. XXIV & GATS Art. V 
EU - Serbia 01-Feb-10 
01-Sep-13 Goods 
Services 2010 
2013 GATT Art. XXIV 
GATS Art. V 
EU - Papua New Guinea / Fiji 20-Dec-09 d 
28-Jul-14 Goods 2011 
2014 GATT Art. XXIV 
EU - Côte d'Ivoire 01-Jan-09 Goods 2008 GATT Art. XXIV 
EU - CARIFORUM States EPA 01-Nov-08 Goods & Services 2008 GATT Art. XXIV & GATS Art. V 
EU - Bosnia and Herzegovina 01-Jul-08 Goods 2008 GATT Art. XXIV 
EU - Montenegro 01-Jan-08 
01-May-10 Goods 
Services 2008 
2010 GATT Art. XXIV 
GATS Art. V 
EU - Albania 01-Dec-06 
01-Apr-09 Goods 
Services 2007 
2009 GATT Art. XXIV  
GATS Art. V 
EU - Algeria 01-Sep-05 Goods 2006 GATT Art. XXIV 
EU - Egypt 01-Jun-04 Goods 2004 GATT Art. XXIV 
EU - Lebanon 01-Mar-03 Goods 2003 GATT Art. XXIV 
EU - Chile 01-Feb-03 
01-Mar-05 Goods 
Services 2004 
2005 GATT Art. XXIV  
GATS Art. V 
EU - Jordan 01-May-02 Goods 2002 GATT Art. XXIV 
EU - San Marino 01-Apr-02 Goods 2010 GATT Art. XXIV 
EU - Former Yugoslav 
Republic of Macedonia 01-Jun-01 
01-Apr-04 Goods 
Services 2001 
2009 GATT Art. XXIV  
GATS Art. V 
EU - Mexico 01-Jul-00 
01-Oct-00 Goods 
Services 2000 
2002 GATT Art. XXIV 
GATS Art. V 
EU - Israel 01-Jun-00 Goods 2000 GATT Art. XXIV 
EU - Morocco 01-Mar-00 Goods 2000 GATT Art. XXIV 
EU - South Africa 01-Jan-00 Goods 2000 GATT Art. XXIV 
EU - Tunisia 01-Mar-98 Goods 1999 GATT Art. XXIV 
EU - Palestinian Authority 01-Jul-97 Goods 1997 GATT Art. XXIV 
EU - Faroe Islands 01-Jan-97 Goods 1997 GATT Art. XXIV 
EU - Turkey 01-Jan-96 Goods 1995 GATT Art. XXIV 
European Economic Area (EEA) 01-Jan-94 Services 1996 GATS Art. V 
EU - Andorra 01-Jul-91 Goods 1998 GATT Art. XXIV 
EU - Syria 01-Jul-77 Goods 1977 GATT Art. XXIV 
EU - Norway 01-Jul-73 Goods 1973 GATT Art. XXIV 
EU - Iceland 01-Apr-73 Goods 1972 GATT Art. XXIV 
EU - Switzerland-
Liechtenstein 01-Jan-73 Goods 1972 GATT Art. XXIV 
EU – Overseas Countries and 
Territories (OCT) 01-Jan-71 Goods 1970 GATT Art. XXIV WT/REG352/1 
 
- 43 - 
 
  RTA Name Date of 
entry into 
force Coverage GATT/WTO Notification 
Year WTO Provision 
Republic of Moldova 
Treaty on a Free Trade Area 
between members of the Commonwealth of Independent States (CIS) 09-Dec-12 Goods 2013 GATT Art. XXIV 
Central European Free Trade 
Agreement (CEFTA) 2006 01-May-07 Goods 2007 GATT Art. XXIV 
Ukraine - Republic of Moldova 19-May-05 e Goods 2008 GATT Art. XXIV 
Kyrgyz Republic - Republic of 
Moldova 21-Nov-96 Goods 1999 GATT Art. XXIV 
Armenia - Republic of 
Moldova 21-Dec-95 Goods 2004 GATT Art. XXIV 
Russian Federation - Republic 
of Moldova 30-Mar-93 Goods 2012 GATT Art. XXIV 
Republic of Moldova - Georgia 
 19-Apr-07 Goods Not notified 
GUAM (Georgia, Ukraine, 
Azerbaijan, Republic of 
Moldova) 10-Dec-03 f  Goods  Not notified 
Republic of Moldova - 
Azerbaijan 16-Apr-96 Goods Not notified 
Republic of Moldova - 
Kazakhstan 23-Feb-96 Goods Not notified 
Republic of Moldova - 
Turkmenistan 01-Mar-96 Goods Not notified 
Republic of Moldova - 
Uzbekistan 29-Aug-95 Goods Not notified 
Republic of Moldova - Belarus 7-Dec-94 Goods Not notified 
a The notifications made in July 2014 (see WT/REG353/N/1 and S/C/N/744) stated that the dates of 
entry into force will be: "In acco rdance with the Parties' resp ective internal procedures." 
b The trade pillar of the Association Agreement has been provisionally applied since 1 August 2013 
with Honduras, Nicaragua and Panama, since 1 Octo ber 2013 with Costa Rica and El Salvador, and 
since 1 December with Guatemala. 
 The notifications made in February 2013 (s ee WT/REG332/N/1 and S/C/N/680) stated that: 
"Provisional application of the Agreement by all si gnatory parties is expected in the course of the 
second quarter 2013"; Further notifications to confirm the dates of entry into force between the EU and Central American countries are awaited. 
c EU and Peru: 1 March 2013; EU and Colombia: 1 August 2013. d
 The Agreement's provisional application started on 20 December 2009 for Papua New Guinea and the European Union and on 28 July 2014 for Fiji and the European Union. 
e
 Date of implementation indicated in the notification made by Ukraine (see WT/REG249/N1). 
f Date of implementation indicated by Moldova: 20 July 2002. 
 Source: WTO Secretariat.  
5.10  Other 
5.10.1  Trade-related energy 
5.43.  Chapter 11 contains disciplines on trade-related energy. It covers domestic regulated prices, 
in relation to the protocol concerning the Accessi on of Moldova to the Energy Community (Article 
346); the principle of prohibition of dual pricing for energy goods (Article 347); the facilitation of 
transit (Article 348); transport of electricity and gas, in particular in relation to third party access 
to fixed infrastructure and in connection with the Energy Community Treaty (Article 349); the prohibition of unauthorized taking of energy goods in transit (Article 350); and the obligation not 
to interfere with the transit of energy goods (Article 351). It also contains rules on transit for 
operators, on regulatory authority for electricity and natural gas (Article 352); as well as on the relationship of the Agreement's provisions on trade-related energy with the Energy Community 
Treaty (Article 354). 
5.10.2  Trade and sustainable development WT/REG352/1 
 
- 44 - 
 
  5.44.  Chapter 13 addresses trade and sustainable development. It recognizes the right of each 
Party to determine its sustainable development policies and priorities, to establish its own levels of domestic environmental and labour protection, and to adopt or modify accordingly its relevant law and policies, consistently with its commitment to internationally recognized standards and 
agreements.
55 The Parties also reconfirm their commitment to enhance the contribution of trade to 
the goal of sustainable development in its econ omic, social and environmental dimension and, 
inter alia , agree that they shall strive to facilitate and promote trade and investment in 
environmental goods and services (Article 367). Chapter 13 also covers topics such as: biological 
diversity (Article 368)56 sustainable management of forests and trade in forest products 
(Article 369) as well as trade and the conservation and the management of fish stocks (Article 370). 
5.45.  Under Article 371, a Party shall not waive or derogate from its environmental or labour laws 
as an encouragement for trade or the establishment, the acquisition, the expansion or the retention of an investment of an investor in its territory. Moreover, a Party shall not, through a 
sustained or recurring course of action or inaction, fail to effectively enforce its environmental and 
labour law, as an encouragement for trade or investment. Articles 372 through 375 address the importance of scientific information when prep aring and implementing sustainable development 
related measures (Article 372); transparency requirements related to measures aimed at 
protecting the environment or labour conditions (Article 373); and the Parties' commitment to reviewing, monitoring and assessing the impact of  the implementation of title V on sustainable 
development through participative processes and institutions (Article 374). An indicative list of 
areas of cooperation between the Parties is provided in Article 375. 
5.46.  Besides the designation of contact points, the Parties agree to establish a Trade and 
Sustainable Development Sub-Committee to oversee the implementation of Chapter 13. Moreover, 
domestic advisory groups on sustainable developm ent shall be convened (Article 376). The Parties 
shall also facilitate a joint forum with civil society organizations established in their territories. the chapter also established a dedicated mechanism for dealing with any matter arising under 
Chapter 13. This foresees recourse to government consultations, including through the Trade and 
Sustainable Development Sub-Committee, (Article 378); and, upon request of either Party, if the matter has not been satisfactorily addressed through government consultations, to the establishment of a Panel of Experts under the mo dalities contained in Article 379. The experts of 
such Panel shall comply with the Code of conduct established for arbitrators and mediators and 
contained in Annex XXXIV to the Agreement, whil e the rules of procedur e for dispute settlement 
and contained in Annex XXXIII to the Agreement shal l apply to the work of the Panel of Experts. 
The Parties shall discuss appropriate measures to be implemented, taking into account the Panel of 
Experts' report and recommendations. The civil society mechanisms established in the chapter (both the domestic advisory bodies and the joint forum) are also involved in this process. 
5.10.3  Competition  
5.47.  Chapter 10 addresses competition. Each Party shall maintain in its respective territory 
comprehensive competition laws which effectively address anti-competitive agreements, concerted 
practices and anti-competitive unilateral conduct of undertakings with dominant market power and 
provide effective control of concentrations. An independent competition authority shall be 
maintained by each Party. In Section 1 of Ch apter 10 (on antitrust and mergers), the Agreement 
also establishes rules and disciplines on state monopolies, public undertakings and undertakings 
entrusted with special or exclusive rights (A rticle 336); and cooperation and exchange of 
information (Article 337). The Agreement-specific dispute settlement mechanism is not applicable 
to rules on antitrust and mergers. 
                                               
55 In relation to multilateral labour standards and ag reements (Article 365), the Agreement refers to the 
ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up of 1998. In relation to 
multilateral environmental standards and agreements (A rticle 366), the Agreement refers to the multilateral 
environmental agreements (MEAs) to which the Partie s are party, and the UN Framework Convention on 
Climate Change and its Kyoto Protocol. In relation to bi ological diversity (Article 368), the Agreement refers to 
the Convention on Biological Diversity, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and other releva nt international instruments to  which the Parties are party. 
56 In relation to biological diversity, the Agreement refers to the Convention on Biological Diversity, the 
Convention on International Trade in Endangered Sp ecies of Wild Fauna and Fl ora, and other relevant 
international instruments to which the Parties are party. WT/REG352/1 
 
- 45 - 
 
  5.48.  Section 2 of Chapter 10 covers state-aid. As a general principle, state-aid granted by a 
Party, or through the resources of one of the Parties that distorts or threatens to distort 
competition by favouring certain undertakings or the production of certain goods and services and which affects trade between the Parties are incompatible with the Agreement (Article 339).
57 
Starting within five years from the date of entr y into force of the Agreement, state-aid shall be 
assessed on the basis of the criteria arising from the application of the competition rules applicable in the EU (Article 340). Within two years from the date of entry into force of the Agreement, the 
Parties shall adopt or maintain legislation for the control of state-aid (Article 341). Moreover, any 
state-aid schemes instituted before the establishm ent of the state-aid authority shall be aligned 
within a period of eight years from the date of entry into force of the Agreement. This period shall be extended for a maximum period of up to 10 years from the date of entry into force of the 
Agreement with regard to state-aid schemes instit uted under the law of Moldova on free economic 
zones.
58 State aid-related rules on transparency and confidentiality are contained in Articles 342 
and 343. The matter shall be kept under constant review by the Parties (Article 344). 
5.10.4  Economic and othe r sectoral cooperation 
5.49.  Title IV of the Agreement addresses area s of cooperation agreed between the Parties. 
Though this is done within the Association Agreement but outside of Title V on trade and 
trade-related matters, some of the topics mentio ned are connected somehow with broad or more 
sectoral areas which are disciplined under Title V, either in relation to trade in goods and/or in relation to trade in services. As an illustration, fields of economic and other sectoral cooperation, covered under Title IV, include, inter alia ,: internal control, financial inspection and external audit 
(Article 49); certain aspects of financial services (Articles 58 through 61)
59; mining and raw 
materials (Articles 65 and 66); agriculture and rural development (Articles 67 through 70)60; 
fisheries and maritime policy (Articles 71 through 75); energy (Articles 76 through 79)61; transport 
(Articles 80 through 85)62; environment and climate action (Articles 86 through 97)63; information 
society (Articles 98 through 102)64; tourism (Article 103 through 106); public health (Articles 113 
through 116)65; education, training, multilingualism, youth and sport (Articles 122 through 126); 
research, technological development and demonstr ation (Articles 127 through 129); and culture, 
audiovisual policy and media (Articles 130 through 133).66 
                                               
57 State aid related to fisheries, ag ricultural products or other aids  covered by the WTO Agreement on 
agriculture are reserved. 
58 Law No 440-XV of 27 July 2001. 
59 Including approximation of Moldova's legislation to the EU acts and international instruments referred 
to in Annex XXVIII-A to the Agreement. 
60 Including approximation of Moldova's legislation to the EU acts and international instruments referred 
to in Annex VII to the Agreement. 
61 Including approximation of Moldova's legislation to the EU acts and international instruments referred 
to in Annex VIII to the Agreement. 
62 Including approximation of Moldova's legislation to the EU acts and international instruments referred 
to in Annexes X and XXVIII-D to the Agreement. 
63 Including approximation of Moldova's legislation to the EU acts and international instruments referred 
to in Annexes XI and XII to the Agreement. 
64 Including approximation of Moldova's legislation to the EU acts and international instruments referred 
to in Annex XXVIII-B to the Agreement. 
65 Including approximation of Moldova's legislation to the EU acts and international instruments referred 
to in Annex XIII to the Agreement. 
66 Including approximation of Moldova's legislation to the EU acts and international instruments referred 
to in Annex XIV to the Agreement. WT/REG352/1 
 
- 46 - 
 
  ANNEX 1 
INDICATORS OF TRADE LIBERALIZATION UNDER THE AGREEMENT 
EU 
1. Table A1.1 shows tariff liberalization by the EU in relation to Moldova's imports (by total, 
agricultural and non-agricultural products).  
2. In 2014, the EU's average applied MFN rate was 5.1% overall (4.3% for non-agricultural 
products and 9.1% for agricultural products). 25 .1% of the EU's tariff was duty free on an MFN 
basis; 26.8% of non-agricultural products were duty free while 19.2% of agricultural products 
were duty free. At the time of entry into force of the Agreement (2014), which also corresponds to 
the EU's full implementation of its tariff elim ination commitments under the Agreement, Moldova's 
exporters enjoyed an absolute margin of preferen ce of 5.1% vis-à-vis the prevailing MFN tariff; 
4.3% for non-agricultural goods and 9.1% for agricultural products. The share of duty free lines 
applicable to imports from Moldova was 99.7% (98.6% for agricultural products and 100% for non-agricultural products).  
Table A1.1 EU: Indicators of MFN tariff rate s and preferential rates for imports from 
Moldova 
Origin of 
goods Year ALL PRODUCTS Agricultural productsa Non-agricultural products  
Average applied 
tariff Share 
of duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share 
of duty-
free 
tariff 
lines 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) 
MFN 2014 5.1 7.0 25.1 9.1 12.7 19.2 4.3 5.9 26.8 
Moldova 2014 0.0 9.6 99.7 0.0 9.6 98.6 0.0 0.0 100.0 
a WTO Definition. 
Note: Tariff lines subject to in-quota rates are excluded in the computation. For the calculation of 
averages, specific rates are excluded and the ad valorem  parts of alternate rates are included.  
Based on the HS 2012 nomenclature.  
Source:  WTO estimates based on  data from EU authorities. 
 
3. Table A1.2 gives an indication of additional market access in the EU resulting from the entry 
into force of the Agreement for Moldova's top 25 gl obal exports, which accounted for 48.1% of its 
global exports in 2011-2013; these corresponded to 172 lines of the EU's tariff at the six-digit 
level (using the HS 2012). In 2014, prior to the en try into force of the Agreement, 23 of these 
tariff lines already had (MFN) duty free access to the EU's market. With the entry into force of the 
Agreement, in 2014, 147 of the 149 tariff lines, which were (MFN) dutiable, became duty free for 
exports from Moldova while 2 tariff lines will continue to remain dutiable (apples and fresh grapes with average MFN rates in 2014 of 7.2% and 14.4% respectively).  WT/REG352/1 
 
- 47 - 
 
  Table A1.2 EU: Market access opportunities under the Agreement for Moldova's top 25 
exports to the world 
Moldova's top export products in 2011-2013 Access conditions to EU's import 
markets HS number and description of the product 
Share in 
global exports 
(%) MFN 2014 
Duty-free 
in 2014 
Remain 
dutiable Average 
MFN 
applied 
rate (%) 
Duty 
Free 
Dutiable 
Lines 
854420 - co-axial cable and other co-axial electric 
conductors 5.9 3.7  1 1  
120600 Sunflower seeds, whether or not broken. 4.9 0.0 3    
080232 -- shelled 3.9 5.1  1 1  
300490 - other 3.8 0.0 1    
220421 -- in containers holding 2 l or less 3.4 -  57 57  
220429 -- other 2.4 -  33 33  
151211 -- crude oil 2.4 5.3  3 3  
940190 - parts 2.2 2.4  3 3  
220820 - spirits obtained by distilling grape wine or 
grape marc 2.2 0.0 11    
080810 - apples 2.1 7.2  2 1 1 
701090 - other 1.7 5.0  17 17  
200979 -- other 1.6 22.8  5 5  
854430 - ignition wiring sets and other wiring sets of 
a kind used in vehicles, aircraft or ships 1.5 3.7  1 1  
720449 -- other 1.1 0.0 3    
100590 - other 0.9 0.0 1    
170199 -- other 0.9 -  2 2  
740400 Copper waste and scrap. 0.9 0.0 3    
570242 -- of man-made textile materials 0.9 8.0  2 2  
640399 -- other 0.8 7.6  11 11  
902830 - electricity meters 0.8 2.1  3 3  
330510 - shampoos 0.8 0.0 1    
610620 - of man-made fibres 0.8 12.0  1 1  
240220 - cigarettes containing tobacco 0.7 33.8  2 2  
080610 - fresh 0.7 14.4  2 1 1 
100191 -- seed 0.7 12.8  3 3  
Total of above 48.1  23 149 147 2 
- contains various tariff lines with specific or compound duties. 
 
Note: For the calculation of averages, specific rates are excluded and the ad valorem  parts of alternate 
rates are included.  
 Based on the HS 2012 nomenclature. 
 
Source:  WTO estimates based on data from EU  authorities and UNSD, Comtrade database. 
 
Moldova 
4. Tables A1.3 shows tariff liberalization by Moldova by total, agricultural and non-agricultural 
products.  
5. In 2014, Moldova's average applied MFN rate was 5.2% overall (3.6% for non-agricultural 
products and 11.9% for agricultural products). 45.9%  of its tariff was duty free on an MFN basis; 
53.5% of non-agricultural products were duty free and 16.2% of agricultural products were duty 
free. As a result of the Agreement entering into  force (2014), EU exporters enjoyed an absolute 
margin of preference of 4.4% vis-à-vis  the prevailing MFN tariff; 3.3% for non-agricultural goods 
and 9.3% for agricultural products. The share of duty free lines for imports from the EU was 
93.7% (96.5% for non-agricultural products and 82. 7% for agricultural products). Ten years after 
the entry into force of the Agreement, at the end of the implementation period, in 2024, EU WT/REG352/1 
 
- 48 - 
 
  exporters will face zero duties on 99% of their ex ports to Moldova (95.1% for agricultural products 
and 100% for non-agricultural products).  
Table A1.3 Moldova: Indicators of MFN tari ff rates and preferential rates for imports 
from EU 
Origin 
of 
goods Year ALL PRODUCTS Agricultural products a Non-agricultural products  
Average applied 
tariff Share 
of duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share 
of 
duty-
free 
tariff 
lines 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) 
MFN 2014 5.2 9.8 45.9 11.9 14.5 16.2 3.6 7.8 53.5 
EU 2014 0.8 14.3 93.7 2.6 20.0 82.7 0.3 9.1 96.5 
 2015 0.7 12.5 93.7 2.4 18.5 82.7 0.2 6.9 96.5 
 2016 0.6 10.6 93.7 2.2 17.0 82.7 0.2 4.7 96.5 
 2017 0.5 11.4 94.9 2.0 17.0 83.7 0.1 3.9 97.8 
 2018 0.4 9.9 94.9 1.9 15.8 83.7 0.0 2.0 97.8 
 2019 0.3 23.0 98.5 1.6 23.0 92.8 0.0 0.0 100.0 
 2020 0.3 22.5 98.5 1.6 22.5 92.8 0.0 0.0 100.0 
 2021 0.3 22.0 98.5 1.6 22.0 92.8 0.0 0.0 100.0 
 2022 0.3 21.5 98.5 1.5 21.5 92.8 0.0 0.0 100.0 
 2023 0.3 21.0 98.5 1.5 21.0 92.8 0.0 0.0 100.0 
 2024 0.3 30.1 99.0 1.5 30.1 95.1 0.0 0.0 100.0 
a WTO Definition. 
Note: Tariff lines subject to in-quota rates are excluded in the computation. For the calculation of 
averages, specific rates are excluded and the ad valorem  parts of alternate rates are included.  
Based on the HS 2007 nomenclature.  
Source:  WTO estimates based on data from Moldova authorities. 
 
6. Table A1.4 gives an indication of additional market access in Moldova resulting from the 
entry into force of the Agreement for the EU's to p 25 global exports, which accounted for 28% of 
its global exports in 2011-2013; these corresponded to 158 lines of Moldova's tariff at the 
HS six-digit level (using the HS 2007). In 2014, prior to the entry into force of the Agreement, 
99 of these tariff lines already had (MFN) duty free access to the Moldovan market. From the date of provisional application of the Agreement, in September 2014, until the end of implementation, 
in 2024, the 59 tariff lines, which were (MFN) dutiable, will progressively, become duty free for 
exports from the EU (8 in 2014 and 51 in 2019). WT/REG352/1 
 
- 49 - 
 
  Table A1.4 Moldova: Market access opportuni ties under the Agreement for EU's top 25 
exports to the world 
EU's top export products in 2011-2013 Access conditions to Moldova's 
import markets HS number and description of the product 
Share in global 
exports (%) MFN 2014 Duty-free 
lines Average 
MFN 
applied 
rate (%) 
Duty Free 
Dutiable 
Lines 
2014 
2019 
300490 - other 3.4 0.0 4    
271019 -- other 3.2 0.0 25    
870323 -- of a cylinder capacity exceeding 1,500 cc 
but not exceeding 3,000 cc 3.0 0.0 3    
271011 -- light oils and preparations 2.6 0.0 12    
880240 - aeroplanes and other aircraft, of an unladen 
weight exceeding 15,000 kg 2.0 0.0 1    
710813 -- other semi-manufactured forms 1.9 0.0 2    
870324 -- of a cylinder capacity exceeding 3,000 cc 1.6 0.0 2    
870332 -- of a cylinder capacity exceeding 1,500 cc 
but not exceeding 2,500 cc 0.9 0.0 3    
710231 -- unworked or simply sawn, cleaved or 
bruted 0.8 0.0 1    
841191 -- of turbo-jets or turbo-propellers 0.7 0.0 1    
300210 - antisera and other blood fractions and 
modified immunological products, whether or not obtained by means of biotechnological processes 0.7 0.0 4    
870899 -- other 0.7 5.0  3 3  
880330 - other parts of aeroplanes or helicopters 0.7 0.0 1    
841112 -- of a thrust exceeding 25 kn 0.6 0.0 3    
710812 -- other unwrought forms 0.6 0.0 1    
851712 -- telephones for cellular networks or for 
other wireless networks 0.6 0.0 1    
848180 - other appliances 0.6 0.0 17    
711319 -- of other precious metal, whether or not 
plated or clad with precious metal 0.5 10.0  1 1  
870840 - gear boxes and parts thereof 0.5 5.0  4 4  
847989 -- other 0.4 0.0 4    
901890 - other instruments and appliances 0.4 0.0 10    
851762 -- machines for the reception, conversion and 
transmission or regeneration of voice, images 
or other data, including switching and routing 
apparatus 0.4 0.0 1    
870322 -- of a cylinder capacity exceeding 1,000 cc 
but not exceeding 1,500 cc 0.4 0.0 2    
220421 -- in containers holding 2 l or less 0.4 0,5 
euro/l  51  51 
300220 - vaccines for human medicine 0.4 0.0 1    
Total of above 28.0  99 59 8 51 
Note: For the calculation of averages, specific rates are excluded and the ad valorem  parts of alternate 
rates are included.  
 Based on the HS 2007 nomenclature.  Source:  WTO estimates based on data from Moldova authorities and Eurostat. 
  WT/REG352/1  
 
- 50 - ANNEX 2 
TARIFF-RATE QUOTAS IN THE AGREEMENT 
1. Tables A2.1 and A2.2 below show each Party's TRQ commitments incl uding the quota quantity. The in quota rate of duty is duty fr ee.  
Table A2.1. Tariff rate quotas applied by th e European Union to imports from Moldova.  
Tariff line Description MFN rate (1 January 
2014) Volume 
(metric 
tonnes) Rate of 
duty 
07020000 Tomatoes, fresh or chilled EP 2,000 Free 
07032000 Garlic, fresh or chilled 9.6% + 120 EUR/100 kg 220 Free 
08061010 Table grapes, fresh EP 10,000 Free 
08081080 Apples, fresh (excluding ci der apples, in bulk, from 16 September to 15 December) EP 40,000 Free 
08094005 Plums, fresh EP 10,000 Free 
20096110 Grape juice, incl. grape must, unfermented, Brix value <= 30 at 20 0C, value of > EUR 18 
per 100 kg, whether or not containing added sugar or other sweetening matter (excl. 
containing spirit) EP 
500 Free 
20096919 Grape juice, incl. grape must, unfermented, Brix value >67 at 20 0C, value of > EUR 22 per 
100 kg, whether or not containing added sugar or other sweetening matter (excl. containing spirit) EP 
20096951 Concentrated grape juice, incl. grape must, unfermented, Brix value >30 but <=67 at 20 
0C, value of > EUR 18 per 100 kg, whether or not containing added sugar or other 
sweetening matter (excl. containing spirit) EP 
20096959 Grape juice, incl. grape must, unfermented, Brix value >30 but <=67 at 20 0C, value of > 
EUR 18 per 100 kg, whether or not containing added sugar or other sweetening matter (excl. containing spirit) EP 
EP: Entry Price. 
 Source: Annex XV-A and EU authorities.  
  WT/REG352/1  
 
- 51 - Table A2.2. Tariff rate quotas applied by Moldova to the EU's imports.  
Tariff line Description MFN applied rate 
2014 Volume 
(metric 
tonnes) Rate of 
duty 
02031110 Fresh or chilled domestic swine carcases and half-carcases 20%+200 euro/t 
4,000 Free 
02031211 Fresh or chilled with bone in, domestic swine hams and cuts thereof 20%+200 euro/t Free 
02031219 Fresh or chilled with bone in, domestic swine shoulders and cuts thereof 20%+200 euro/t Free 
02031911 Fresh or chilled fore-ends and cu ts thereof of domestic swine 20%+200 euro/t Free 
02031913 Fresh or chilled loins and cuts thereof of domestic swine 20%+200 euro/t Free 
02031915 Fresh or chilled bellies "streaky" an d cuts thereof of domestic swine 20%+200 euro/t Free 
02031955 Fresh or chilled boneless meat of domestic swine (excl. bellies and cuts thereof) 20%+200 euro/t Free 
02031959 Fresh or chilled boneless meat of domestic swine (excl. carcases and half-carcases, hams, 
shoulders and cuts thereof, and fore-ends, loins, bellies and cuts thereof) 20%+200 euro/t Free 
02032110 Frozen domestic swine carcases and half-carcases 20%+200 euro/t Free 
02032211 Frozen boneless hams and cuts  thereof of domestic swine 20%+200 euro/t Free 
02032219 Frozen boneless shoulders and cuts thereof of domestic swine 20%+200 euro/t Free 
02032911 Frozen fore-ends and cuts thereof of domestic swine 10%+200 euro/t Free 
02032913 Frozen loins and cuts thereof of domestic swine, with bone in 10%+200 euro/t Free 
02032915 Frozen bellies "streaky" and cuts thereof of domestic swine 10%+200 euro/t Free 
02032955 Frozen boneless meat of domestic swine (excl. bellies and cuts thereof) 10%+200 euro/t Free 
02032959 Frozen boneless meat of domestic swine, with bone in (excl. carcases and half-carcases, 
hams, shoulders and cuts ther eof, and fore-ends, loins, bellies and cuts thereof) 10%+200 euro/t Free 
02071110 Fresh or chilled, plucked and gutted fowls of species Gallus domesticus, with heads and 
feet, known as "83% chickens" 20%+100 euro/t Free 
02071130 Fresh or chilled, plucked and drawn fowls of species Gallus domesticus, without heads and 
feet but with necks, hearts, livers and gizzards, known as "70% chickens" 20%+100 euro/t Free 
02071190 Fresh or chilled, plucked and drawn fowls of species Gallus domesticus, without heads, 
feet, necks, hearts, li vers and gizzards, known as "65% ch ickens", and other forms of fresh 
or chilled fowl, not cut in pieces  (excl. "83% and 70% chickens") 20%+100 euro/t Free 
02071210 Frozen fowls of species Gallus domesticus, pl ucked and drawn, without heads and feet but 
with necks, hearts, li vers and gizzards, know n as "70% chickens" 15%+100 euro/t Free 
02071290 Frozen fowls of species Gallus domesticus, plucked and drawn, without heads, feet, necks, 
hearts, livers and gizzards, known as "65% chic kens", and other forms of fowl, not cut in 
pieces (excl. "70% chickens") 15%+100 euro/t Free 
02071310 Fresh or chilled boneless cuts of fo wls of the species Gallus domesticus 20%+100 euro/t Free 
02071320 Fresh or chilled halves or quarters of fowls of the species Gallus domesticus 20%+100 euro/t Free 
02071330 Fresh or chilled whole wings, with or without ti ps, of fowls of the species Gallus domesticus 20%+100 euro/t Free 
02071350 Fresh or chilled breasts and cuts thereof of fowls of the species Gallus domesticus, with 
bone in 20%+100 euro/t Free 
02071360 Fresh or chilled legs and cuts thereof of fowl s of the species Gallus domesticus, with bone 
in 20%+100 euro/t Free 
02071399 Fresh or chilled edible offal of fowls of the species Gallus domesticus (excl. livers) 20%+100 euro/t Free  
  WT/REG352/1  
 
- 52 - Tariff line Description MFN applied rate 
2014 Volume 
(metric 
tonnes) Rate of 
duty 
02071410 Frozen boneless cuts of fowls of the species Gallus domesticus 15%+100 euro/t 
4,000 Free 
02071420 Frozen halves or quarters of fowls of the species Gallus domesticus 15%+100 euro/t Free 
02071430 Frozen whole wings, with or without tips, of fowls of the species Gallus domesticus 15%+100 euro/t Free 
02071440 Frozen backs, necks, backs with necks attached, rumps and wing-tips of fowls of the 
species Gallus domesticus 15%+100 euro/t Free 
02071450 Frozen breasts and cuts thereof of fowls of the species Gallus domesticus, with bone in 15%+100 euro/t Free 
02071460 Frozen legs and cuts thereof of fowls of the species Gallus domesticus, with bone in 15%+100 euro/t Free 
02071470 Frozen cuts of fowls of the species Gallus domesticus, with bone in (excl. halves or 
quarters, whole wings, with or without tips , backs, necks, backs with necks attached, 
rumps and wing-tips, breasts,  legs and cuts thereof) 15%+100 euro/t Free 
02071491 Frozen edible livers of fowls of the species Gallus domesticus 15%+100 euro/t Free 
02071499 Frozen edible offal of fowls of the species Gallus domesticus (excl. livers) 15%+100 euro/t Free 
04011010 Milk and cream of a fat content by weight of <= 1%, in immediate packings of <= 2 l, not 
concentrated nor containing added sugar or other sweetening matter 15 
1,000 Free 
04011090 Milk and cream of a fat content by weight of <= 1%, not concentrated nor containing 
added sugar or other sweetening matter (e xcl. in immediate packings of <= 2 l) 15 Free 
04012011 Milk and cream of a fat content by weight  of <= 3% but > 1%, in immediate packings of 
<= 2 l, not concentrated nor containing added sugar or other sweetening matter 15 Free 
04012019 Milk and cream of a fat content by weight  of <= 3% but > 1%, not concentrated nor 
containing added sugar or other sweetening matt er (excl. in immediate packings of <= 2 l) 15 Free 
04012091 Milk and cream of a fat content by weight  of > 3% but <= 6%, in immediate packings of 
<= 2 l, not concentrated nor containing added sugar or other sweetening matter 15 Free 
04012099 Milk and cream of a fat content by weight  of > 3% but <= 6%, not concentrated nor 
containing added sugar or other sweetening matt er (excl. in immediate packings of <= 2 l) 15 Free 
04013011 Milk and cream of a fat content by weight  of <= 21% but > 6%, in immediate packings of 
<= 2 l, not concentrated nor containing added sugar or other sweetening matter 15 Free 
04013019 Milk and cream of a fat content by weight  of <= 21% but > 6%, not concentrated nor 
containing added sugar or other sweetening matt er (excl. in immediate packings of <= 2 l) 15 Free 
04013031 Milk and cream of a fat content by weight of > 21% but <= 45%, in immediate packings of 
<= 2 l, not concentrated nor containing added sugar or other sweetening matter 15 Free 
04013039 Milk and cream of a fat content by weight of > 21% but <= 45%, not concentrated nor 
containing added sugar or other sweetening matt er (excl. in immediate packings of <= 2 l) 15 Free 
04013091 Milk and cream of a fat content by weight of > 45%, in immediate packings of <= 2 l, not 
concentrated nor containing added sugar or other sweetening matter 15 Free 
04013099 Milk and cream of a fat content by weight of > 45%, not concentrated nor containing 
added sugar or other sweetening matter (e xcl. in immediate packings of <= 2 l) 15 Free 
04051011 Natural butter of a fat content, by weight, of >= 80% but <= 85%, in immediate packings 
of a net content of <= 1 kg (excl. dehydrated butter and ghee) 15%+500 euro/t Free  
  WT/REG352/1  
 
- 53 - Tariff line Description MFN applied rate 
2014 Volume 
(metric 
tonnes) Rate of 
duty 
04051019 Natural butter of a fat content, by weight , of >= 80% but <= 85% (excl. in immediate 
packings of a net content of <= 1 kg, and dehydrated butter and ghee) 15%+500 euro/t 
1,000 Free 
04051030 Recombined butter of a fat content, by weight, of >= 80% but <= 85% (excl. dehydrated 
butter and ghee) 15%+500 euro/t Free 
04051050 Whey butter of a fat content, by weight, of  >= 80% but <= 85% (excl. dehydrated butter 
and ghee) 15%+500 euro/t Free 
04051090 Butter of a fat content, by weight, of > 85% but <= 95% (excl. dehydrated butter and 
ghee) 15%+500 euro/t Free 
04052010 Dairy spreads of a fat content, by weight, of >= 39% but < 60% 20%+500 euro/t Free 
04052030 Dairy spreads of a fat content, by weight, of >= 60% but <= 75% 20%+500 euro/t Free 
04052090 Dairy spreads of a fat content, by weight, of > 75% but < 80% 20%+500 euro/t Free 
04059010 Fats and oils derived from milk, of a fat content, by weight, of >= 99,3% and of a water 
content, by weight, of <= 0,5% 20%+500 euro/t Free 
04059090 Fats and oils derived from milk, dehydrated bu tter and ghee (excl. of a fat content, by 
weight, of >= 99,3% and a water content, by  weight, of <= 0,5%, and natural butter, 
recombined butter and whey butter) 20%+500 euro/t Free 
16010010 Liver sausages and similar products and food preparations based thereon 15 
1,700 Free 
16010091 Uncooked sausages of meat, o ffal or blood (excl. liver) 15 Free 
16010099 Sausages and similar products of meat, offal or blood and food preparations based thereon 
(excl. liver sausages and uncooked sausages) 15 Free 
16023211 Uncooked, prepared or preserved meat or meat offal of fowls of the species Gallus 
domesticus containing >= 57% meat or offa l of poultry (excl. sausages and similar 
products, and preparations of liver) 20 Free 
16023219 Cooked, prepared or preserved meat or meat offal of fowls of the species Gallus 
domesticus containing >= 57% meat or offa l of poultry (excl. sausages and similar 
products, finely homogenised preparations put up for retail sale as infant food or for 
dietetic purposes, in containers of a net weight of <= 250 g, preparations of liver and meat extracts) 20 Free 
16023230 Prepared or preserved meat or meat offal of fowls of the species Gallus domesticus 
containing >= 25% but < 57% of poultry meat or  offal (excl. of turkeys and guinea fowl, 
sausages and similar products, finely homogenised preparations  put up for retail sale as 
infant food or for dietetic purposes, in containers of a net weight of <= 250 g, preparations 
of liver and meat extracts) 20 Free 
16023290 Prepared or preserved meat or meat offal of fowls of the species Gallus domesticus (excl. 
that containing >= 25% meat or offal of poultr y, meat or offal of turkeys or guinea fowl, 
sausages and similar products, finely homogenised preparations  put up for retail sale as 
infant food or for dietetic purposes, in containers of a net weight of <= 250 g, preparations 
of liver and meat ex tracts and juices) 20 Free 
16024110 Hams and cuts thereof, of domestic swine, prepared or preserved 20 Free 
16024210 Prepared or preserved shoulders and cuts thereof, of domestic swine 20 Free  
  WT/REG352/1  
 
- 54 - Tariff line Description MFN applied rate 
2014 Volume 
(metric 
tonnes) Rate of 
duty 
16024911 Prepared or preserved domestic swine loins an d parts thereof, incl. mixtures of loins or 
hams (excl. collars) 15 
1,700 Free 
16024913 Prepared or preserved domestic swine collars and parts thereof, incl. mixtures of collars 
and shoulders 15 Free 
16024915 Prepared or preserved mixtures of domestic sw ine hams, shoulders, loins, collars and parts 
thereof (excl. mixtures of only loins an d hams or only collars and shoulders) 15 Free 
16024919 Meat or offal, incl. mixtures, of domestic swine, prepared or preserved, containing, by 
weight, >= 80% of meat or offal of any kind, incl. pork fat and fats of any kind or origin (excl. hams, shoulders, loins, collars and parts thereof, sausages and similar products, finely homogenised preparations put up for re tail sale as infant food or for dietetic 
purposes, in containers of a net weight of <= 250 g, preparations of livers and meat extracts) 15 Free 
16024930 Prepared or preserved meat, offal and mixtures, of domestic swine, containing >= 40% 
but < 80% meat or offal of any kind and fats  of any kind (excl. sausages and similar 
products, finely homogenised preparations put up for retail sale as infant food or for 
dietetic purposes, in containers of a net weight of <= 250 g, preparations of liver and meat 
extracts) 15 Free 
16024950 Prepared or preserved meat, offal and mixtures of domestic swine containing < 40% meat 
or offal of any kind and fats of any kind (e xcl. sausages and simila r products, homogenised 
preparations for put up retail sale as infant f ood or for dietetic purposes, in containers of a 
net weight of <= 250 g, preparations of liver and meat extracts and juices) 15 Free 
16029051 Prepared or preserved meat or meat offal contai ning meat or offal of domestic swine (excl. 
of poultry, bovine animals, reindeer, game or  rabbits, sausages and similar products, finely 
homogenised preparations put up for retail sale as infant food or for dietetic purposes, in 
containers of a net weight of <= 250 g, preparations of liver and meat extracts) 15 Free 
17011110 Raw cane sugar, for refining (excl. added flavouring or colouring) 75 
5,400 Free 
17011190 Raw cane sugar (excl. for refining and added flavouring or colouring) 75 Free 
17011210 Raw beet sugar, for refining (excl. added flavouring or colouring) 75 Free 
17011290 Raw beet sugar (excl. for refining and added flavouring or colouring) 75 Free 
17019100 Refined cane or beet sugar, containing added flavouring or colouring, in solid form 75 Free 
17019910 White sugar, containing in dry state>= 99, 5% sucrose (excl. flavoured or coloured) 75 Free 
17019990 Cane or beet sugar and chemically pure sucr ose, in solid form (excl. cane and beet sugar 
containing added flavouring or colouring, raw sugar and white sugar) 75 Free 
17023010 Isoglucose in the solid form, not containing fructose or containing in the dry state < 20% 
by weight of fructose 75 
640 Free 
17023051 Glucose "dextrose" in the form of white crystalline powder, whether or not agglomerated, 
not containing fructose or cont aining in the dry state < 20% by weight of glucose (excl. 
isoglucose) 75 Free 
17023059 Other isoglucose in the solid form, not containi ng fructose or containing in the dry state < 
20% by weight of fructose 75 Free 
17023091 Glucose in the form of white crystalline powder, whether or not agglomerated 75 Free  
  WT/REG352/1  
 
- 55 - Tariff line Description MFN applied rate 
2014 Volume 
(metric 
tonnes) Rate of 
duty 
17023099 Other glucose in the form of white crystalline powder, whether or not agglomerated 75 
640 Free 
17024010 Isoglucose in solid form, containing in  the dry state >= 20% and < 50% by weight of 
fructose (excl. invert sugar) 75 Free 
17024090 Glucose in solid form and glucose syrup, no t containing added flavouring or colouring 
matter, and containing in the dry state >= 20 % and < 50% by weight of fructose (excl. 
isoglucose and invert sugar) 75 Free 
17025000 Chemically pure fructose in solid form 75 Free 
17026010 Isoglucose in solid form, containing in the dry state > 50% by weight of fructose (excl. 
chemically pure fructose and invert sugar) 75 Free 
17026095 Fructose in solid form and fructose syrup not containing added flavouring or colouring 
matter and containing in the dry state > 50% by weight of fructose (excl. isoglucose, inulin syrup, chemically pure fru ctose and invert sugar) 75 Free 
17029010 Chemically pure maltose, in solid form 75 Free 
17029030 Isoglucose in solid form, containing in th e dry state 50% by weight of fructose, obtained 
from glucose polymers 75 Free 
1702 90 60 Artificial honey, mixed or not mixed with natural honey 75 Free 
17029071 Sugar and molasses, caramelised, containing in the dry state >= 50% by weight of sucrose 75 Free 
17029075 Sugar and molasses, caramelised, containing in the dry state < 50% by weight of sucrose, 
in powder form, whether or not agglomerated 75 Free 
17029079 Sugar and molasses, caramelised, containing in the dry state < 50% by weight of sucrose 
(excl. sugar and molasses in powder  form, whether or not agglomerated) 75 Free 
1702 90 99 Sugars in solid form, incl. inve rt sugar, and sugar and sugar sy rup blends containing in the 
dry state 50 % by weight of fructose, not cont aining added flavouring or colouring matter 
(excl. cane or beet sugar, chemically pure sucrose and maltose, lactose, maple sugar, 
glucose, fructose, maltodextrine, and syrups th ereof, isoglucose, inulin syrup, artificial 
honey and caramel) 75 Free 
Source: Moldova authorities.  
__________