WORLD TRADE  
ORGANIZATION  WT/REG190/1 
18 February 2005 
 
 (05-0688) 
Committee on Regional Trade Agreements Original:   English 
  
FREE TRADE AGREEMENT BETWEEN MOLDOVA AND SERBIA AND MONTENEGRO 
  
  The following communication, dated 14 January 2 005, is being circulated at the request of the 
Delegation of Moldova.  
_______________ 
 
 
FREE TRADE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF 
MOLDOVA AND THE COUNCIL OF MI NISTERS OF SERBIA AND MONTENEGRO
* 
 
PREAMBLE  
  The Government of the Republic of Moldova  and the Council of the Ministers of Serbia and 
Monten egro (hereinafter referred to as “the Contracting Parties”),  
 
 Reaffirming  their desire to actively participate in the process of economic integration in 
Europe;   Admitting  that Contracting Parties are willing to c onsolidate relations and to establish strong 
and durable relationships of coope ration and economic integration; 
 
 Reaffirming  their commitment to pluralist democracy based on observance of the rules, rights 
and basic human liberties of the state governed by the rule of law;   Firmly convinced  that this Agreement will promote intensification of commercial mutually 
advantageous exchange leading to creation of a wi de zone of free trade, and contributing to the 
process of European integration, 
  Resolved  for this purpose to progressively eliminate th e barriers in mutual trade in general, in 
conformity with the Agreement establishing World Trade Organization ( hereinafter referred to as “ 
WTO “), 
 
 Have agreed  as follows: 
 
Article 1 
 
Objectives
 
 1. The Contracting Parties shall establish a free tr ade area in accordance with the provisions of 
this Agreement and in conformity with the defin ition, set out in Article XXIV of the GATT 1994 of 
the WTO. 
                                                     
 
* The associated Annexes have been submitted to  the Secretariat for consultation by interested 
Members (office 1174). WT/REG190/1 
Page 2  
 
  
2. The objectives of this Agreement are: 
(a) to promote, through the expansion of mutu al trade, of harmonious development of 
economic relations between the Contracting Parties, improvement of living standards 
and conditions of work, raising producti vity and enhancing financial stability; 
(b) to provide fair conditions for carrying out  loyal competition for trade between the 
Contracting Parties; 
(c) to gradually eliminate difficulties and restri ctions on trade in goods, including also 
the agricultural products; 
(d) to create conditions for further encouragemen t of investments, particularly for the 
development of joint investments in both countries; 
(e) to contribute in this way, by the removal of barriers to trade, to the harmonious 
development and expansion of world trade. 
 
CHAPTER I: INDUSTRIAL PRODUCTS 
 
Article 2 
 
Scope
 
 1. The provisions of this Chapter sh all apply to industrial products originating in the Contracting 
Parties. 
2. The term “industrial products” means for the purpose of this Agreement the products falling 
within Chapters 25 to 97 of the Harmonized Co mmodity Description and Coding System with the 
exception of the products listed in Annex 1 to this Agreement. 
Article 3 
 
Basic Duties
 
 1. For commercial exchanges covered by this Agreement, the Customs Tariffs of the 
Contracting Parties shall be applied to the classification of goods for imports into them. 
2. For each product the basic duty to which the su ccessive reductions set out in this Agreement 
are applied shall be the MFN duty on the date  of entry into force of this Agreement. 
3. If after the date of entry into force of this Agreement, any tariff reduction is applied on an 
erga omnes  basis, in particular, reductions resulting from the tariff agreement concluded as a result of 
the WTO, such reduced duties shall replace the basic duties referred to in paragraph 2 of this Article 
as from that date when such reductions are applied. 
4. The reduced duties, calculated in accordance w ith paragraph 2 of this Article, shall be 
rounded off to the second decimal place.  
5. The Contracting Parties shall mutually exchange their basic duties.  WT/REG190/1 
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 Article 4 
 
Customs Duties On Import And Charges Having Equivalent Effect  
 1. The Contracting Parties shall abolish all the customs duties on import and all charges having 
equivalent effect on date of the en try into force of this Agreement. 
2. From the date of entry into force of this  Agreement no new customs duties on imports or 
charges having equivalent effect shall be introduced , nor shall those already applied be increased in 
trade between the Contracting Parties. 
Article 5 
 
Customs Duties On Export And Charges Having Equivalent Effect
 
 1. No new custom duties on exports, charges havi ng equivalent effect to customs duties, and 
other export duties of a fiscal nature shall be intr oduced in trade between the Contracting Parties. 
2. The Contracting Parties shall abolish all customs duties on exports or charges having 
equivalent effect to custom duties, and other export duties of a fiscal nature on the date of the entry 
into force of this Agreement. 
Article 6 
 
Quantitative Restrictions On Imports And Measures Having Equivalent Effect
 
 
1. No quantitative restrictions on imports or measures having equivalent effect shall be 
maintained or introduced between the Contracting Pa rties on the date of entry into force of this 
Agreement. 
2. All quantitative restrictions on imports and measures having equivalent effect shall be 
abolished on the date of entry into force of this Agreement. 
Article 7 
 
Quantitative Restrictions On Exports And Measures Having Equivalent Effect  
 1. No quantitative restrictions on exports or measures having equivalent effect shall be 
maintained or introduced between the Contracting Pa rties as from the date of entry into force of this 
Agreement. 
2. All quantitative restrictions on exports and me asures having equivalent effect shall be 
abolished on the date of entry into force of this Agreement, except for products listed in Annex 2. 
 
CHAPTER II: AGRICULTURAL PRODUCTS 
 
Article 8 
 
Scope
 
 
1. The provisions of this Chapter shall apply to agricultural products originating in the 
Contracting Parties. WT/REG190/1 
Page 4  
 
 2. The term "agricultural products " means for the purpose of this Agreement the products falling 
within Chapters 1 to 24 of the Harmonized Co mmodity Description and Coding System and the 
products listed in Annex 1 to this Agreement. 
Article 9 
 
Exchange Of Concessions
 
 1. The Contracting Parties shall grant each other th e concessions in Protocol 1 to this Agreement 
(hereinafter referred to as “Protocol 1”) as laid down in that Protocol and in accordance with the 
provisions of this Chapter. 
2. Taking account of: 
− the role of agriculture in their economies, 
 
− the development of trade in agricultural products between the Contracting Parties, 
 
− the particular sensitivity of the agricultural products, 
 
− the rules of their agricultural policies, 
 
− the results of the multilateral trade negotiations under the WTO, 
 the Contracting Parties shall examine within the framework of the Joint Commission the possibilities 
of granting each other further concessions in trade in agricultural products.  
Article 10 
 
Agricultural Policy
 
 1. Without prejudice to the provisions under Article 10 of this Agreement, the provisions of the 
Chapter II of this Agreement shall not restrict in  any way the pursuance of the respective agricultural 
policies of the Contracting Parties or the taking of any measures under such policies, including the 
implementation of the provisions of  the WTO Agreement on Agriculture. 
2. The Contracting Parties shall notify to the Jo int Commission changes in their respective 
agricultural policies pursued or measures which may affect the conditions of trade in agricultural 
products between them. On the request  of either Contracting Party, pr ompt consultations shall be held 
within the Joint Commission, to examine the situation. 
Article 11 
 
Specific Safeguards
 
  Notwithstanding other provisions of this Agre ement, in particular Article 26 of this 
Agreement, given the particular sensitivity of th e agricultural products, if imports of products 
originating in one Contracting Party, which are s ubject of concessions, granted under this Agreement, 
cause serious disturbances to the market of the other Contracting Party, the Contracting Party 
concerned shall enter into prompt consultations to find an  appropriate solution. Pending such solution, 
the Contracting Party concerned may take appropriate measures it deems necessary.  
  WT/REG190/1 
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 Article 12 
 
Sanitary And Phytosanitary Measures  
 1. The Contracting Parties shall apply their nationa l regulations in veterinary, phytosanitary and 
sanitary matters, in particular in the exchange of information on infectious diseases of domestic 
animals, quarantine diseases, plant pests and weed, in a way that complies to the WTO Agreement on 
Sanitary and Phytosanitary Measures. 
2. The Contracting Parties shall apply their regula tions in veterinary, phytosanitary and sanitary 
matters in a non-discriminatory way and shall not in troduce new measures that may have the effect of 
unduly obstructing trade. 
3. The Contracting Parties undertake the obligations to exchange information on the level of the 
sanitary and phytosanitary protection of  animals, plants and products.  
4. The sanitary and phytosanitary measures and f unctioning of veterinary services shall comply 
with the Code of the International Epizootic Office and other international conventions in this area to 
which the Contracting Parties are part of.  
 
CHAPTER III: GENERAL PROVISIONS 
 
Article 13 
 
Elimination Of Technical Barriers To Trade
 
 1. The rights and obligations of the Contracting Parties relating to standards or technical 
regulations and related measures shall be gove rned in accordance with the WTO Agreement on 
Technical Barriers to Trade. 
2. The Contracting Parties shall co-operate a nd exchange information in the field of 
standardization, metrology, conformity assessment and accreditation with the aim of eliminating technical barriers to trade. 
3. Each Contracting Party, upon a request of th e other Contracting Party, shall provide 
information on particular individual cases of standards, technical norms or related measures. 
4. The Contracting Parties shall aim to reduce t echnical barriers to trade. To this end the 
Contracting Parties will enter, where appropriate , into negotiations for the conclusion of the 
Agreements for the mutual recognition in the fiel d of conformity assessment, for the products subject 
to mutual trade between the Parties. 
Article 14 
 
Internal Taxation
 
 1. The Contracting Parties shall refrain from any meas ure or practice of an internal fiscal nature 
establishing, whether directly or indirectly, discr imination between the products originating in the 
Contracting Parties. 
2. Products exported to the territory of one of  the Contracting Party may not benefit from 
repayment of internal taxation in excess of the amount of direct or indirect taxation imposed on them. WT/REG190/1 
Page 6  
 
 Article 15 
 
Rules Of Origin And Co-Operation In Customs Administration
 
 1. The Contracting Parties agree to apply the harmoni zed European preferential rules of origin in 
the mutual trade including all existing and further am endments thereto. In case the European rules of 
origin are amended, the Joint Commission shall make a decision on amending rules of origin. 
2. Protocol 2 to this Agreement (hereinafter refe rred to as “Protocol 2”) lays down the rules of 
origin and related methods of administrative co-operation. 
3. The Contracting Parties shall take appropriate  measures, including regular reviews by the 
Joint Commission and arrangements fo r administrative co-operation, to ensure that the provisions of 
Protocol 2 and Articles 3 to 7, 9, 10, 14, 26, 27  and 28 of this Agreement are effectively and 
harmoniously applied, and to reduce, as far as pos sible, the formalities imposed on trade, and to 
achieve mutually satisfactory solutions to an y difficulties arising from the operation of those 
provisions. 
4. The Contracting Parties shall conclude separate Agreement for co-operation between their 
Customs Administration, as soon as possible.  
Article 16 
 
General Exceptions
 
 
1. The provisions of this Agreement shall not preven t from applying prohibitions or restrictions 
on import, export, or goods in transit justified on grounds of public morality, public policy or public 
security; the protection of health and human life, animals or plants as well as environment protection; protection of national treasures possessing artistic, histor ical or archaeological value; the protection of 
intellectual property; regulations relating to gold or silver, or the conservation of exhaustible natural 
resources, if such measures are effectively appl ied in relation with do mestic consumption or 
production restrictions. 
2. Such prohibitions or restrictions shall not , however, constitute a means of arbitrary 
discrimination or disguised restriction on trade between the Contracting Parties. 
Article 17 
 
Security Exceptions
 
  Nothing in this Agreement shall prevent a Contracting Party from taking any appropriate 
measures which it considers necessary:  
(a) to prevent the disclosure of information c ontrary to its essential security interests; 
(b) for the protection of its essential security interests or for the implementation of 
international obligations  or national policies: 
(i) relating to the traffic in arms, ammun ition and implements of war, provided 
that such measures do not impair the c onditions of competition in respect of 
products not intended for specifically military purposes, and to such traffic in 
other goods, materials and services as is carried on directly or indirectly for 
the purpose of supplying a military establishment; or  WT/REG190/1 
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 (ii) relating to the non-proliferation of biological and chemical weapons, nuclear 
weapons or other nuclear explosive devices; or 
(iii) in time of war or other serious interna tional tension constituting the threat of 
war. 
Article 18 
 
State Monopoly  
 1. The Contracting Parties shall adjust progressively any State monopoly of a commercial 
character so as to ensure that no discriminati on regarding the conditions, under which goods are 
procured and marketed, exists between natural an d legal persons of the Contracting Parties. The 
Contracting Parties shall inform each other about the measures adopted to implement this objective. 
2. The provisions of this Article shall apply to any body through which the competent 
authorities of the Contracting Parties, in law or in  fact, either directly or indirectly supervise, 
determine or appreciably influence imports or exports between the Contracting Parties. These 
provisions shall likewise apply to monopolies delegated by the State to other bodies. 
Article 19 
 
Payments
 
 1. Payments in freely convertible currencies rela ting to trade in goods between the Contracting 
Parties and the transfer of such payments to the territory of the Contracting Party where the creditor 
resides shall be free from any restrictions. 
2. The Contracting Parties shall refrain from any exchange or administrative restrictions on the 
grant, repayment or acceptance of short and medium  term credits to trade in goods in which person 
residing in one of the Contracting Parties participates.  
3. Notwithstanding the provisions of paragraph 2,  any measure regarding current payments 
related to flow of goods shall conform to the conditi ons stipulated in Article VIII of the Articles of the 
Agreement of the International Monetary Fund (IMF). 
Article 20 
 
Rules Of Competition Concerning Undertakings
 
 
1. The following are incompatible with the proper functioning of this Agreement insofar as they 
can affect trade between the Contracting Parties: 
(a) all agreements between undertakings, decisi ons by associations of undertakings and 
concerted practices concerning undertakings which have as their objective or effect 
the prevention, restriction or distortion of competition; 
(b) abuse by one or more undertakings of a dominant position in the territories of the 
Contracting Parties, as a whole or in substantial part thereof.  
2. If one Contracting Party considers that a certain  practice is incompatible with the provisions 
of paragraph 1, and if such a practice causes or th reatens to cause serious prejudice to the interests of 
this Contracting Party or material injury to its domestic industry, it may ta ke appropriate measures, WT/REG190/1 
Page 8  
 
 upon consultations within the Joint Commission or afte r 30 days after a request for such consultations 
is made. 
Article 21 
 
State Aid
 
 
1. Any aid granted by one Contracting Party or th rough State resources in any form whatsoever, 
distorting or threatening to distort competition by favoring certain undertakings  or the production of 
certain goods shall be incompatible with the proper functioning of this Agreement, insofar as it may 
affect trade between the Contracting Parties.  
2. The Joint Commission, within tree years since th e date of the entry into force of this 
Agreement, shall set out the basic cr iteria to verify any practices cont rary to this Article, as well as 
rules for their implementation.  
3. The Contracting Parties shall ensure transparency of state aid measures, inter alia  also 
through annual reporting to the Joint Commissi on on the whole volume of the state aid and its 
distribution and will provide, on the other Contracting Party’s request, information on the schemes in 
specific cases. 
4. If one Contracting Party considers that a given pr actice is incompatible with the provisions of 
this Article, it may take appropriate measures against this practice, which shall not be in excess of the 
injury caused, under the conditions and in accordance with the proce dures laid down in Article 23 of 
this Agreement. Such measures may be taken only in accordance with the procedures and conditions 
set up by the WTO and any other negotiated instru ment applicable between Contracting Parties. 
Article 22 
 
Public Procurement  
 
 The Contracting Parties consider the liberalization of their respective public procurement 
markets as an objective of this Agreement.   The Contracting Parties shall progressively deve lop regulations on public procurement for the 
purpose of ensuring mutual access to bidding based contracting on their public procurement markets.  
 The Joint Commission will examine the evolution of regulations in this area, aiming to meet 
the objectives of this Article, and shall recomme nd concrete ways to implement its provisions. 
  During the time of examination indicated in Paragraph 3, the Joint Commission may take into consideration, in particular, within the framewo rk of international rela tions development, the 
possibility of extending the cove rage or/and degree of openness of the market mentioned in   
paragraph 2.  
Article 23 
 
Procedure For The Application Of Safeguard Measures
 
 
 Before initiating the procedure for the appli cation of safeguard measures set out in the 
following paragraphs of the present Article, the C ontracting Parties shall endeavor to solve any 
differences between them through direct consultations.   WT/REG190/1 
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  Without prejudice to paragraph 6 of the pr esent Article, each Contracting Party, which 
considers resorting to safeguard measures, shall pr omptly notify the other Contracting Party and shall 
supply all relevant information.  Consultations between the Contracting Parties shall take place 
without delay with a view to finding a solution.  
3. (a) As regards Article 21, the Contracting Parties shall give the Joint Commission all 
assistance required in order to examine the case.  If the Contracting Party fails to stop the practice objected to, within the period fi xed by the Joint Commission, or if the 
Joint Commission fails to reach an agreemen t after consultations, or after 30 days 
following the referral for such consultati ons, the Contracting Party concerned may 
adopt the appropriate measures to deal with  the difficulties resulting from the disputed 
practice. 
(b) As regards Articles 25, 26 and 27, the Joint Commission shall examine the case or 
situation and may take any decision needed to put an end to the difficulties notified by the Contracting Party concerned.  In absence of such a decision during 30 days of 
the matter being referred to the Joint Commission, the Contracting Party concerned 
may adopt the necessary measures in order to remedy the situation. 
(c) As regards Article 29 the Contracting Pa rty concerned shall supply to the Joint 
Commission with all relevant information required for a thorough examination of the 
situation with a view to seeking a mutu ally acceptable solution. If the Joint 
Commission fails to reach or if a period of three months has elapsed from the date of 
notification, the Contracting Party con cerned may take appropriate measures. 
4. The safeguard measures taken sh all be immediately notified to the other Contracting Party.  
They will be restricted with regard to their extent and to their duration to what is strictly necessary in 
order to rectify the situation-giving rise to their application and shall not be in excess of the injury 
caused by the practice or the difficulty in question. Priority shall be given to such measures as will 
least disturb the functioning of the Agreement. 
5. The safeguard measures taken shall be the subject  of regular consultations within the Joint 
Commission with a view of their re-applying,  substitution or abolition as soon as possible.  
6. When exceptional circumstances requiring immediate action make prior examination 
impossible, the Contracting Party concerned ma y, in the cases of Articles 25, 26 and 27 apply 
forthwith the precautionary and provisional measur es strictly necessary to remedy the respective 
situation.  The measures shall be notified without  delay and consultations between the Contracting 
Parties shall take place as soon as possi ble within the Joint Commission. 
Article 24 
 
Intellectual Property Protection
 
 
1. The Contracting Parties shall grant and ensure  adequate, effective and non-discriminatory 
protection of intellectual property rights, including measures for the enforcement of such rights against infringement, counterfeiting and piracy.  
2. For the purposes of this Agreement, the protection of intellectual property rights includes 
mainly the protection of copyright, computer progr ams, databases and related rights, trademarks, 
geographic indications, industrial pr ojects, patents, integrated circuits and drawings, as well as 
undisclosed information on know-how. WT/REG190/1 
Page 10  
 
 3. The Contracting Parties shall co-operate in inte llectual property rights protection matters and, 
at the request of any Contracting Party, consultations on expert level regarding these problems shall 
be held, mainly in areas dealing with the existing and future international treaties on harmonization, 
administration and enforcement of intellectual property rights and international specialized 
organizations such as the WTO and World Intellectual Property Organization, as well as the 
relationships of the Contracting Parties with any other third country on the of intellectual property 
matter. 
Article 25 
 
Dumping
 
 
 If one of the Contracting Parties finds that dumping, in the meaning of Article VI of GATT 
1994, is taking place in the trade relations governed by this Agreement, the concerned Contracting 
Party may take appropriate measures against this practice under the conditions and in accordance with 
the procedure laid down in Article 23 of this Agreement, as well as in conformity with WTO 
Agreement on implementation of the WTO Agreemen t on Implementation of Article VI of the GATT 
1994.  
Article 26 
 
General Safeguards
 
 
 Where any product is being imported in such  increased quantities and under conditions as to 
cause, or threaten to cause:  
(a) serious injuries to domestic producers of like or directly competitive products in the 
territory of the importing Contracting Party, or 
(b) serious disturbances in any related sector of the economy or difficulties which could 
bring serious deterioration in the economic situation of a certain region, 
the Contracting Party concerned may take a ppropriate measures under the conditions and in 
accordance with the procedures laid down in Article 23 of this Agreement. 
 
Article 27 
 
Structural Adjustment
 
 1. Exceptional measures of limited duration, which de rogate from the provisions of Article 4 of 
this Agreement, may be taken in th e form of increased customs duties. 
2. These measures may only concern infant i ndustries, or certain sectors undergoing 
restructuring or facing serious difficulties, particularly where these difficulties produce important social problems. 
3. Export customs duties applied by one of the Cont racting Parties for goods originating in other 
Contracting Party shall not exceed 25% ad valorem  and shall contain a preference element in terms of 
the rate of customs duty for goods originating in ot her Contracting Party. The total value of imported 
goods subject to such measures cannot exceed 15% of the total amount of imports of industrial goods 
from the other Contracting Party during the last  year for which statistic data is valid.  WT/REG190/1 
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 4. These measures shall apply for a period that will not exceed three years, otherwise the 
authorization of the Joint Commission is needed.  
5. No measure can be applied to goods if more than two years passed since the removal of all 
customs duties and quantitative restrictions or me asures having equivalent effect for such goods. 
6. The interested Contracting Party shall inform the other Contracting Party of any exceptional 
measure it intends to take and, at the request of the other Contracting Party, consultations shall be held 
within the Joint Commission regard ing such measures and sectors to wh ich they apply, even before 
they are put into force. When ta king such measures, the Contracting Party concerned shall provide the 
Joint Commission a schedule for the elimination of  customs duties introduced under this Article. 
Article 28 
 
Re-Export And Serious Shortage  
  Where the compliance with the provis ions of this Agreement leads to: 
 
(a) re-export towards a third country, agains t which the exporting Contracting Party 
maintains for that product quantitative export restrictions, export duties, or measures 
or charges having equivalent effect; or 
(b) a serious shortage, or a threat thereof, of a product essential to the exporting 
Contracting Party,  
and where the situation referred to above gives rise or  is likely to give rise to major difficulties for the 
exporting Contracting Party, that Contracting Party may take appropriate measures under the  
conditions and in accordance with the procedure laid  down in Article 23 of this Agreement. The 
measures shall be non-discriminatory and be elim inated when conditions justify no longer their 
maintenance.   
Article 29 
 
Fulfillment Of Obligations
 
 1. The Contracting Parties shall take all necessar y measures to ensure the fulfillment of their 
obligations under the provisions of this Agreement. 
2. If either Contracting Party considers that the other Party has failed to fulfill an obligation 
under this Agreement, the Contracting Party concer ned may take the appropriate measures under the 
conditions and in accordance with the procedure la id down in Article 23 of this Agreement.  
Article 30 
 
Balance-Of- Payments Difficulties
 
 1. Where a Contracting Party is in serious bala nce-of-payments difficulti es, or under imminent 
threat thereof, the Contracting Party concer ned may adopt, in accordance with the conditions 
established by WTO, trade restrictive measures, wh ich shall be of limited duration and may not go 
beyond what is necessary to remedy the balance- of-payments situation. The measures shall be 
progressively attenuated, as the balance-of-payments conditions improve, and they shall be eliminated 
when conditions no longer justify their maintenance.  The Contracting Party in concerned shall inform WT/REG190/1 
Page 12  
 
 the other Contracting Party and the Joint Commis sion forthwith their introduction and, whenever 
practicable, of a time schedule for their removal.  
2. The Contracting Parties shall endeavor to a void the imposition of restrictive measures base on 
balance-of-payments difficulties. 
Article 31 
 
The Joint Commission
 
 1. The Contracting Parties agree to establis h a Joint Commission composed of their 
representatives. 
2. The implementation of this Agreement shall be  supervised and administrated by the Joint 
Commission. 
3. For the purpose of the proper implementation of this Agreement, the Contracting Parties shall 
exchange information and, at the request of any C ontracting Party, shall hold consultations within the 
Joint Commission.  The Joint Commission shall keep  under review the possibility of further removal 
of the obstacles to trade between the Contracting Parties.   
4. The Joint Commission may take decisions in th e cases provide for in this Agreement.  On 
other matters the Joint Commission may take recommendations. 
Article 32 
 
Procedures Of The Joint Commission
 
 
1. For the proper implementation of this Agreemen t, the Joint Commission shall meet whenever 
necessary but at least once a year.  Either Contracting Party may request a meeting to be held. 
2. For the purpose of this Agreement, the Joint Co mmission shall adopt its rules of procedure. 
3. The Joint Commission may decide to set up su ch sub-committees and working parties as it 
considers necessary to assist it in accomplishing its tasks. 
Article 33 
 
Trade Relations Governed By Other Agreements  
 1. The provisions of this Agreement apply to a ll trade relationships between the Contracting 
Parties. 
2. This Agreement shall not prevent the mainte nance or establishment of customs unions, free-
trade zones, economic unions or arrangements for frontier trade to the extent that these do not 
negatively affect the trade regime between the Cont racting Parties and in particular the provisions 
concerning rules of origin provided for by this Agreement.   WT/REG190/1 
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 Article 34 
 
Evolutionary Clause  
 1. Where either Contracting Party considers that it would be useful in the interest of the 
economies of the Contracting Parties to develop the relations established by this Agreement by 
extending them to fields not covered thereby, it shall submit a reasoned request to the other 
Contracting Party. The Contracting Parties may inst ruct the Joint Commission to examine this request 
and, where appropriate, to make recommendations to  them, particularly with a view to opening 
negotiations. 
2. Agreements resulting from the pro cedure referred to in paragraph 1 of this Article will be 
subject to ratification of approval by the Contrac ting Parties to this Agreement in accordance with 
their internal legal procedures. 
Article 35 
 
Annexes And Protocols
 
  Annexes and Protocols of this Agreement sha ll form an integral part thereof. The Joint 
Commission may decide to amend Annexes and Protocols.    
Article 36 
 
Amendments
 
  Amendments to this Agreement, including Anne xes and Protocol, may be proposed by either 
Contracting Party and shall enter into force on the date of receipt of the last notification, through 
diplomatic channels, confirming that all internal le gal procedures required by either Contracting Party 
for their entry into force have been fulfilled.  
Article 37 
 
Duration And Denunciation
 
 
1. This Agreement in concluded for an  indefinite period of time.  
2. Either Contracting Party may denounce this Agreement by a written notification to the other 
Contracting Party. The Agreement shall terminate on the first day of the seventh month following the 
date when other Contracting Part y received the denunciation notice. 
3. In the event of any Contracting Party to th is Agreement becoming a member of European 
Union that Contracting Party will withdraw from this Agreement at the latest the day before 
membership takes effect. 
Article 38 
 
Entry Into Force  
 
 This Agreement shall entry into force on th e first day of the second month following the date 
of the receipt of the last written notification by which the Contracting Parties inform each other 
through diplomatic channels that all necessary requirements foreseen by their internal legislation for 
the entry into force of this Ag reement have been fulfilled.  WT/REG190/1 
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  DONE in Rome, on 13 of November  2003 in two original copies, each in Moldavian, Serbian 
and English languages, each being equally authentic. In case of different interpretation of provisions 
of this Agreement, the English text shall prevail. 
 
 FOR THE GOVERNMENT OF  FOR COUNCIL OF MINISTERS THE REPUBLIC OF MOLDOVA OF SERBIA AND MONTENEGRO  
 
__________