Proposal for a COUNCIL DECISION ON THE CONCLUSION BY THE EUROPEAN COMMUNITY OF THE INTERIM AGREEMENT BETWEEN THE EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND THE REPUBLIC OF MOLDOVA, OF THE OTHER PART, ON TRADE AND TRADE-RELATED MATTERS
Date: 1995-06-07
Institutions: European Commission
Subjects: EAEC, ECSC, European Community, Moldova, interim agreement (EU), trade agreement

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  07.06.1995 
COM(95) 244  filial 

95/0139  (ACQ 

Proposal for a 

COUNCIL  DECISION 

ON THE CONCLUSION BY THE EUROPEAN COMMUNITY OF THE 
INTERIM AGREEMENT BETWEEN THE EUROPEAN COMMUNITY, THE 
EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN 
ATOMIC ENERGY COMMUNITTY, OF THE ONE PART, AND THE 
REPUBLIC OF MOLDOVA, OF THE OTHER PART, ON TRADE AND TRADE 
RELATED MATTERS 

(presented by the Commission) 

Draft 

COMMISSION  DECISION 

CONCERNING  THE CONCLUSION  ON BEHALF OF THE EUROPEAN  COAL 
AND STEEL COMMUNITY  OF THE INTERIM AGREEMENT BETWEEN  THE 
EUROPEAN  COMMUNITY,  THE EUROPEAN COAL AND  STEEL 
COMMUNITY AND THE EUROPEAN ATOMIC ENERGY  COMMUNITY,  OF 
THE ONE PART, AND THE REPUBLIC OF MOLDOVA,  OF THE OTHER 
PART, ON TRADE AND TRADE-RELATED  MATTERS 

Explanatory  memorandum 

1.  The attached  proposals for Decisions constitute the legal instrument  for  the  conclusion 
by  the  European  Community  of  the  Interim  Agreement  between  the  European 
Community,  the  European  Atomic  Energy  Community  and  the  European  Coal  and 
Steel Community, on the one hand, and the Republic of Moldova,  on the other. 

2.  Pending  the  entry  into  force  of the  Partnership  and  Cooperation  Agreement  with  the 
Republic  of  Moldova,  signed  in  Brussels  on  28th  November  1994,  the  Commission 
has,  in accordance with the negotiating  directives adopted  by the Council  on  18th July 
1994, negotiated  an Interim Agreement with the Republic of Moldova. 

3.  The  Interim  Agreement  providing  for  provisional  implementation  of  the  part  of  the 
Partnership  and  Cooperation  Agreement  on  trade  and  trade-related  measures  was 
initialed  in Brussels on 7 April  1995, and will be  concluded  for  the  period  ending with 
the entry into force  of the Partnership and Cooperation  Agreement. 

4.  The Interim Agreement  suspends,  as far  as the Republic  of Moldova  is concerned,  the 
trade  provisions  of  the  Agreement  on  Trade  and  Commercial  and  Economic 
the  European  Economic 
Cooperation  signed  on  18  December  1989  between 
Community  and the European  Atomic Energy  Community,  of the  one part,  and  Union 
of Soviet  Socialist Republics, of the other part. 

5.  The  procedures  for  signing  and  concluding  the  Agreement  differ  between  the  EC  and 

the ECSC. 

The Agreement  will be concluded as follows : 

- the Council, after  consulting Parliament, will conclude the Agreement  on behalf of the 
European  Community  under  Article  113,  in  conjunction  with  Article  228  (2),  first 
sentence of the EC Treaty by adopting the Decision contained in Annex I; 

- the Commission will conclude the Agreement  on behalf of the ECSC  by adopting  the 
Decision contained  in Annex II in accordance with Article 95 of the ECSC Treaty, with 
the  unanimous  assent  of  the  Council  and  following  consultation  of  the  Consultative 
Committee; 

-  the  Commission  will  conclude  the  Agreement  on  behalf  of  the  European  Atomic 
Energy  Community  after  the  Council  has  approved  it  in  accordance  with  the  third 
paragraph  of Article  101 of the Euratom treaty; 

6.  The Interim Agreement  should be signed in June  1995. 

7.  The  Commission  accordingly  asks  the  Council  to  adopt  the  proposal  contained  in 

Annex I and to give its assent to the decision under Annex II. 

4 

ANNEX  I 

Proposal  for  a  Council  Decision  concerning  the  conclusion  by the  European  Community 
of  the  Interim  Agreement  between  the  European  Community,  the  European  Coal  and 
Steel  Community  and the European  Atomic Energy  Community,  of the  one  part,  and  the 
Republic of Moldova, of the other part, on Trade and Trade-Related Matters. 

}  vTV 

Proposal  for 

COUNCIL DECISION 

OF 

ON THE CONCLUSION BY THE EUROPEAN COMMUNITY OF THE 

INTERIM AGREEMENT BETWEEN THE EUROPEAN COMMUNITY, THE 
EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN 
ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND THE 
REPUBLIC OF MOLDOVA, OF THE OTHER PART, 
ON TRADE AND TRADE-RELATED MATTERS 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  113 in conjunction  with Article 228 (2), first  sentence thereof, 

Having regard to the proposal from  the Commission, 

Having regard to the opinion of the European Parliament, 

Whereas,  pending  the  entry  into  force  of  the  Partnership  and  Cooperation  Agreement 
signed  in  Brussels  on  28th  November  1994,  it  is  necessary  to  approve  the  Interim 
Agreement  between  the European  Community,  the European  Coal  and  Steel  Community 
and  the  European  Atomic  Energy  Community,  of  the  one  part,  and  the  Republic  of 
Moldova,  of the other part,  on trade and trade-related  matters signed in 

on 

HAS DECIDED AS FOLLOWS : 

Article 1 

The  Interim  Agreement  between  the European  Community,  the European  Coal  and  Steel 
Community  and  the  European  Atomic  Energy  Community,  of  the  one  part,  and  the 
Republic  of Moldova,  of the other  part,  on trade  and trade-related  matters,  together  with 
the  Protocol  and  the  declarations,  are  hereby  approved  on  behalf  of  the  European 
Community. 

These texts are attached to this Decision. 

Article 2 

The President  of the  Council  shall  give the  notification  provided  for  in  Article  35  of  the 
Interim Agreement  on behalf of the European  Community. 

Done at Brussels, 

( •-

ANNEX  n 

Draft  Commission  Decision  concerning  the  conclusion  on  behalf  of  the  European  Coal 
and  Steel  Community  of the Interim  Agreement  between  the European  Community,  the 
European  Coal  and  Steel  Community  and the European  Atomic  Energy  Community,  of 
the one part,  and the Republic of Moldova,  of the other part,  on trade and trade-related 
matters. 

/  C 

Draft 

COMMISSION DECISION 

OF 

CONCERNING THE CONCLUSION ON BEHALF OF THE EUROPEAN  COAL 
AND STEEL COMMUNITY  OF THE INTERIM AGREEMENT BETWEEN  THE 
EUROPEAN  COMMUNITY, THE EUROPEAN COAL AND  STEEL 
COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY,  OF 
THE ONE PART, AND THE REPUBLIC OF MOLDOVA,  OF THE OTHER 
PART, ON TRADE AND TRADE-RELATED  MATTERS 

THE EUROPEAN  COMMISSION, 

(../.../ECSC) 

Having regard  to the Treaty  establishing the European  Coal  and  Steel  Community,  and in 
particular the first paragraph of Article 95 thereof, 

Having regard  to the Treaty  establishing the European  Atomic Energy  Community  and in 
particular the third paragraph of Article  101 thereof, 

Having  consulted  the  Consultative  Committee  and  with  the  unanimous  assent  of  the 
Council, 

Whereas,  pending  the  entry  into  force  of  the  Partnership  and  Cooperation  Agreement 
signed  in  Brussels  on  28th  November  1994,  it  is  necessary  to  approve  the  Interim 
Agreement  between  the European  Community,  the  European  Coal  and  Steel  Community 
and  the  European  Atomic  Energy  Community,  of  the  one  part,  and  the  Republic  of 
Moldova,  of the other part, on trade and trade-related  matters signed in 

on 

Whereas the  conclusion  of the Interim  Agreement  is necessary  to  attain  the  objectives  of 
the  Community  set  out  in  particular  in  Articles  2  and  3  of  the  Treaty  establishing  the 
European  Coal  and  Steel  Community  and whereas the  Treaty  did  not  make provision  for 
all the cases covered by this Decision; 

HAS DECIDED AS FOLLOWS : 

Article 1 

The  Interim  Agreement  between  European  Community,  the  European  Coal  and  Steel 
Community  and  the  European  Atomic  Energy  Community,  of  the  one  part,  and  the 
Republic  of Moldova,  of the other part,  on trade  and trade-related  matters,  together  with 
the Protocol  and the  declarations,  are hereby  approved  on  behalf  of the European  Coal 
and  Steel Community. 

These texts are attached to this Decision. 

A  A. 

Article 2 

The President  of the  Commission  shall give the  notification  provided  for  in Article  35  of 
the  Interim  Agreement  on  behalf  of  the  European  Coal  and  Steel  Community  and  the 
European Atomic Energy Community. 

Done at Brussels, 

A  e 

FINAL  ACT 

The plenipotentiaries of the EUROPEAN COMMUNITY,  the EUROPEAN  COAL AND 
STEEL  COMMUNITY  and  the  EUROPEAN  ATOMIC  ENERGY  COMMUNITY, 
hereinafter  referred  to as "the Community", of the one part, and 

the plenipotentiaries of THE REPUBLIC OF MOLDOVA,  of the other part, 

on 

for  the  signature  of  the  Interim  Agreement  on  trade  and 
meeting  at 
trade-related  matters  between  the  European  Community,  the  European  Coal  and  Steel 
Community  and  the  European  Atomic  Energy  Community,  of  the  one  part,  and  the 
Republic  of Moldova,  of  the  other  part,  hereinafter  referred  to  as  the  Agreement,  have 
adopted the following texts : 

the Interim Agreement  and the Protocol on mutual assistance in customs matters. 

The  plenipotentiaries  of  the  Community  and  the  plenipotentiaries  of  the  Republic  of 
Moldova have adopted the texts of the Joint  declarations  listed  below and  annexed  to this 
Final Act: 

Joint Declaration  on Article 9 of the Agreement 

Joint Declaration  on Article  10 of the Agreement 

Joint Declaration  on Article  17 of the Agreement 

Joint Declaration on Article 30 of the Agreement 

The  plenipotentiaries  of the  Community  have  taken  note  of  the  declaration  listed  below 
and annexed to this Final Act : 

Unilateral  declaration  by  the  Republic  of  Moldova  concerning  the  protection  of 
intellectual, industrial and commercial  property rights. 

Done at Brussels on 

For the Council and the European  Commission 

For the Republic of Moldova 

\4 

INTERIM  AGREEMENT  ON  TRADE  AND  TRADE  RELATED  MATTERS  BETWEEN 
THE  EUROPEAN  COMMUNITY,  THE  EUROPEAN  COAL  AND  STEEL  COMMUNITY 
AND THE EUROPEAN ATOMIC ENERGY  COMMUNITY  OF THE ONE PART. AND  THE 
REPUBLIC OF MOLDOVA. OF THE OTHER PART. 

The  EUROPEAN  ECONOMIC  COMMUNITY, 
COMMUNITY and the EUROPEAN COAL AND STEEL COMMUNITY, 

the  EUROPEAN  ATOMIC  ENERGY 

hereinafter  referred to as "the Community", 

of the one part, 

and 

THE REPUBLIC OF MOLDOVA 

of the other part, 

Whereas  an  Agreement  on  Partnership  and  Cooperation  between  the  European  Communities  and 

\y\  Member States, of the one part and the Republic of Moldova of the other part was signed on  &%°/  **>"%£  &if$?6 

Whereas the aim of the Partnership and Cooperation  Agreement is to strengthen  and widen the  relations 
established previously, notably by the Agreement on Trade and Commercial  and  Economic  Cooperation 
between the European Communities and USSR signed on  18 December  1989; 

Whereas it is necessary to ensure the rapid development of trade relations  between the Parties; 

Whereas  to  this  end  it  is  necessary  to  implement  as  speedily  as  possible,  by  means  of  an  Interim 
Agreement, the  provisions  of the  Partnership  and  Cooperation  Agreement  concerning  trade  and  trade-
related matters; 

Whereas the said provisions should, accordingly, provisionally replace the trade provisions  of the Trade 
and Commercial and Economic Cooperation  Agreement; 

Whereas  it  is necessary  to ensure that  pending the entry  into force  of the  Partnership  and  Cooperation 
Agreement  and  the  establishment  of  the  Cooperation  Council,  the  Joint  Committee  set  up  under  the 
Agreement on Trade and Commercial and Economic Cooperation  may exercise the powers  assigned by 
the Partnership and Cooperation Agreement to the Cooperation  Council; 

Whereas these powers are necessary in order to implement the Interim Agreement; 

Have  decided  to  conclude  this  Agreement  and  to  this  end  have  designated  as  their  plenipotentiaries; 

L  U  7  a^rU 

|C<jC\ 

THE EUROPEAN COMMUNITY : 

THE EUROPEAN COAL AND STEEL COMMUNITY : 

THE EUROPEAN ATOMIC ENERGY COMMUNITY : 

MOLDOVA : 

Who, having exchanged their Full Powers, found  in good and due form, 

Have agreed as follows : 

TITLE  I  ; GENERAL  PRINCIPLES 
fPCA  Moldova  ; Title II 

Article 1 
1PCA Moldova  : Article 21 

Respect  for  democracy, principles  of international  law, and  human  rights  as  defined  in'particular  in 
the Helsinki Final Act and the Charter of Paris  for a New Europe, as well  as the principles of  market 
economy,  including  those  enunciated  in the  documents  of the  CSCE  Bonn  Conference,  underpin 
the 
internal and external  policies  of  the  Parties  and  constitute an essential  element of partnership  and  of 
this Agreement. 

TITLE  II  : TRADE IN  GOODS 
fPCA  Moldova  : Title III1 

Article 2 
fPCA  Moldova  : Article 101 

1.  The Parties shall accord to one another most-favoured-nation  treatment in all areas in respect  of: 

customs  duties  and  charges  applied  to  imports  and 
collecting such duties and charges, 
provisions relating to customs clearance, transit, warehouses and transhipment, 
taxes and other internal charges of any kind applied directly or indirectly to imported goods, 
methods of payment and the transfer  of such payments related to trade in goods, 
the  rules  relating  to  the  sale,  purchase,  transport,  distribution,  and  use  of  goods  on  the 
domestic market. 

exports,  including  the  method  of 

2.  The provisions of paragraph  1  shall not apply to: 

(a)  advantages granted with the aim  of creating  a customs  union  or  a  free-trade  area  or  pursuant  to 

the creation of such  a union or area; 

(b)  advantages  granted  to particular countries  in  accordance with the General Agreement on  Tariffs 

and Trade and with other  international  arrangements in favour  of  developing countries; 

(c) 

advantages accorded to adjacent countries in order to facilitate  frontier  traffic. 

The provisions  of  paragraph  1 and Article 3 paragraph 2 shall  not  apply,  during  a transitional 
period expiring  on the date of the  Republic  of  Moldova  acceding to  GATT  or on  31/12/1998, 
whichever is earlier, to advantages defined in Annex I granted by the Republic of the Republic  of 
Moldova  to other independent states  as from the day preceding the date of entry into force of the 
Agreement. 

Article 3 
1PCA Moldova  : Article 111 

1.  The parties agree that the principle of free transit of goods is an essential condition of attaining the 

objectives of this Agreement. 

2. 

In this connection each Party shall  provide for unrestricted transit via or through  its territory  of 
goods originating in the customs territory or destined for the customs territory of the other Party. 

3.  The rules described in Article V, paragraphs 2,  3,  4,  and 5 of the GATT are applicable  between 

the two Parties. 

4.  The  rules  contained  in this  article  are without  prejudice  to  any  special  rules  relating, to  specific 

sectors, in particular such as transport, or products agreed between the Parties. 

Article 4 
1PCA Moldova  : Article 121 

Without  prejudice  to  the  rights  and  obligations  stemming  from  international  conventions  on  the 
temporary  admission  of goods which bind both Parties,  each Party  shall  furthermore  grant  the other 
Party exemption from import charges  and duties  on goods  admitted temporarily,  in the  instances  and 
according to the procedures stipulated by any other international convention on this matter binding upon 
it,  in  conformity  with  its  legislation.  Account  shall  be  taken  of  the  conditions  under  which  the 
obligations stemming from such a convention have been accepted by the Party in question. 

Article 5 
1PCA Moldova : Article 131 

Goods originating  in the Republic of Moldova and the Community  respectively  shall  be imported into 
the  Community  and  the  Republic  of  Moldova  respectively  free  of  quantitative  restrictions  without 
prejudice to Articles 9,  12 and 13 to the provisions of Annex II of this Agreement, and to the provisions 
of Articles  77,  81,  244, 249 and 280 of the Acts of Accession of  Spain and Portugal to the European 
Community. 

Article 6 
1PCA Moldova  : Article 141 

1.  The products of the territory of one Party imported into the territory of the other Party  shall  not be 
subject,  directly  or  indirectly,  to  internal  taxes  or other  internal  charges  of  any  kind  in  excess  of 
those applied, directly or indirectly, to like domestic products. 

\  V 

/ 

# 

2.  Moreover,  these products  shall  be accorded treatment no less favourable  than  that  accorded  to  like 
products  of  national  origin  in  respect  of  all  laws,  regulations  and  requirements  affecting  their 
internal  sale,  offering  for  sale, purchase, transportation,  distribution  or  use.  The  provision  of  this 
paragraph  shall  not prevent the application  of differential  internal transportation  charges  which  are 
based exclusively  on the economic operation of the means of transport and not on the nationality  of 
the product. 

Article 7 
IPC A Moldova  : Article 151 

The following Articles of the GATT shall be applicable mutatis mutandis between the two Parties. 

(i) 
(ii) 
(iii) 
(iv) 

Article VII, paragraphs  1, 2, 3, 4a, 4b, 4d, 5; 
Article VIII; 
Article EX; 
Article X. 

Article 8 
fPCA  Moldova  : Article 161 

Goods shall be traded between the Parties at market-related prices. 

Article 9 
1PCA Moldova  ; Article 171 

1.  Where  any  product  is  being  imported  into  the  territory  of  one  of  the  Parties  in  such  increased 
quantities and under such conditions as to cause or threaten to cause substantial  injury  to domestic 
producers  of like or  directly  competitive products,  the  Community  or  the Republic  of  Moldova  , 
whichever  is  concerned,  may  take  appropriate  measures  in  accordance  with  the  following 
procedures and conditions. 

2.  Before  taking  any  measures,  or  in  cases  to  which  paragraph  4  applies  as  soon  as  possible 
thereafter,  the Community or  the Republic of  Moldova  as the case may be shall  supply the Joint 
Committee  with  all  relevant  information  with  a  view  to  seeking  a  solution  acceptable  to  both 
Parties. 

3. 

4. 

If,  as a result of the consultations, the Parties do not reach agreement, within  30 days of referral  to 
the  Joint  Committee,  on  actions  to  avoid  the  situation,  the  Party  which  requested  consultations 
shall be free to restrict imports of the products  concerned to the  extent and for  such  time  as  is 
necessary to  prevent or remedy the injury, or to  adopt other appropriate measures. 

to  repair,  the  Parties  may 
In  critical  circumstances  where  delay  would  cause damage difficult 
take  the  measures  before  the  consultations,  on the  condition  that  consultations  shall  be  offered 
immediately after taking such action. 

5. 

In the selection  of measures  under this  article, the Contracting  Parties  shall  give priority  to those 
which cause least disturbance to the achievement of the aims of this Agreement. 

# 

Article 10 
fPCA Moldova ; Article 181 

Nothing in this Title, and in Article 9 in particular shall prejudice or affect  in any way  the taking,  by 
either Party, of anti-dumping or countervailing measures in accordance  with Article  VI of the GATT, 
the  Agreement  on  implementation  of  Article  VI  of  the  GATT,  the  Agreement  on  interpretation  and 
application of Articles VI, XVI and XXIII of the GATT or related internal legislation. 

In respect of anti-dumping or subsidies investigations, each Party agrees to examine submissions  by the 
other  Party and to  inform the interested parties concerned of the essential  facts  and  considerations  on 
the  basis  of  which a final decision  is to  be made.  Before  definitive  anti-dumping  and  countervailing 
duties are imposed, the Party shall do the utmost to bring about a constructive solution to the problem. 

Article 11 
[PCA Moldova  : Article 191 

The  Agreement  shall  not  preclude  prohibitions  or  restrictions  on  imports,  exports  or  goods  in  transit 
justified  on grounds of public morality, public policy or public security; the protection  of health and  life 
of humans, animals or plants; the protection of natural  resources; the protection  of national  treasures of 
artistic,  historic  or  archaeological  value  or  the  protection  of  intellectual,  industrial  and  commercial 
property  or  rules  relating  to  gold  and  silver.  Such  prohibitions  or  restrictions  shall  not,  however, 
constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties. 

Article 12 
[PCA Moldova  : Article 201 

This Title II shall not apply to trade in textile products falling  under chapters  50 to 63 of the Combined 
Nomenclature.  Trade  in  these  products  shall  be  governed  by  a  separate  agreement,  initialed  on  14th 
May  1993 and applied provisionally since  1st January  1993. 

Article 13 
1PCA Moldova  : Article 211 

1.  Trade  in  products  covered  by  the  Treaty  establishing the European  Coal  and  Steel 
Community shall be governed by the provisions of this Title II, with the exception of 
Article 5. 

2.  A  contact  group  on  coal  and  steel  matters  shall  be  set  up,  comprising  representatives  of  the 
Community  on the one hand, and  representatives  of the Republic  of the  Republic  of  Moldova  on 
the other. 

The contact group  shall  exchange, on a regular  basis, information  on all  coal  and  steel  matters 
of interest  to  the Parties. 

s 

Article 14 
1PCA Moldova : Article 221 

Trade in nuclear items will be conducted in accordance with the provisions  of the Treaty  establishing 
the European Atomic Energy Community. If necessary, trade in nuclear materials shall be subject to the 
provisions of a specific  Agreement to be concluded between the European Atomic  Energy  Community 
and the Republic of Moldova. 

3*-

TITLE III  : PAYMENTS. COMPETITION AND OTHER ECONOMIC  PROVISIONS 
1PCA Moldova : Titles V and VII 

Article 15 
1PCA Moldova : Article 471 

1.  The  Parties  undertake  to  authorize,  in  freely  convertible  currency,  any  payments  on  the  current 
account  of  balance  of  payments  between  residents  of  the  Community  and  of  the  Republic  of  the 
Republic  of  Moldova  connected  with  the  movement  of  goods,  made  in  accordance  with  the 
provisions of the present Agreement. 

Article 16 
1PCA Moldova  : Article 481 

1.  The parties agree to work to remedy or remove through the application  of their competition  laws  or 
otherwise, restrictions on competition by enterprises or caused  by  State  intervention  insofar  as they 
may affect  trade between the Community and the Republic of Moldova. 

2. 

In order to attain the objectives mentioned in paragraph  1 : 
2.1  The Parties shall ensure that they have and enforce laws addressing  restrictions on competition 
by enterprises within their jurisdiction. 

2.2  The  Parties  shall  refrain  from  granting  State  aids  favouring  certain  undertakings  or  the 
production  of goods other than  primary  products  as  defined  in the  General  Agreement  on  Tariffs 
and Trade, or the provision  of services, which  distort  or threaten  to  distort  competition  insofar  as 
they affect  trade between the Community and the Republic of Moldova. 

2.3  Upon request by one Party, the other Party shall provide information  on its aid  schemes  or on 
particular  individual cases of State aid.  No information  needs to be provided  which  is covered  by 
legislative requirements of the Parties on professional  or commercial secrets. 

2.4  In the case of State monopolies of a commercial  character,  the Parties declare their  readiness, 
as from the fourth  year from the date of entry into force of their Agreement,  to ensure that  there is 
no discrimination  between nationals of the Parties  regarding the conditions  under which  goods  are 
procured or marketed. 

2.5  In the case of public undertakings  or undertakings  to which  Member  States  of  the  European 
Union  or  the  Republic  of  Moldova  grant  exclusive  rights,  the  Parties  declare  their  readiness,  as 
from  the  fourth  year  from  the  date  of  entry  into force  of this  Agreement,  to  ensure  that  there  is 
neither  enacted  nor  maintained  any  measure  distorting  trade  between  the  Community  and  the 
Republic of Moldova to an extent contrary to the Parties' respective interests.  This provision  shall 
not obstruct the performance,  in law or fact, of the particular tasks assigned to such undertakings. 

2.6  The period defined in paragraphs 2.4 and 2.5 may be extended by agreement of the Parties. 

3.  Consultations  may take place within the Joint  Committee at  the  request  of the  Community  or  the 
Republic  of  Moldova  on the  restrictions  or  distortions  of  competition  referred  to  in  paragraphs  1 
and  2  and  on  the  enforcement  of  their  competition  rules,  subject  to  limitations  imposed  by  laws 
regarding  disclosure of information,  confidentiality  and  business  secrecy.  Consultations  may  also 
comprise questions on the interpretation of paragraphs  1  and 2. 

fî~ 

4.  The Parties with experience in applying competition rules shall give full  consideration  to providing 
other Parties, upon request and within available resources, technical assistance for  the development 
and implementation of competition rules. 

5.  The above provisions in no way affect  the Parties' rights to apply adequate measures, notably those 

referred to in Article  10, in order to address distortions of trade in goods or services. 

Article  17 
fPCA  Moldova  : Article 491 

Pursuant to the provisions of this Article and of Annex III, the Republic of Moldova shall continue 
to improve the protection of intellectual, industrial and commercial property rights in order to 
provide, by the end of the fifth year after the entry into force of the Agreement for a level of 
protection similar to that provided in the Community by Community acts, in particular the ones 
referred to in Annex III, including comparable means of enforcing such rights. 

Article  18 
1PCA Moldova  : Article 731 

Mutual  assistance between administrative authorities  in customs matters  of the  Parties  shall  take  place 
in accordance with the protocol annexed to the agreement. 

\yj 

J-

TITLE IV : INSTITUTIONAL. GENERAL AND FINAL  PROVISIONS 
fPCA Moldova: Title XI 

Article 19 

The Joint  Committee  set  up  by  the Agreement  on  Trade  and  Commercial  and  Economic  Cooperation 
signed between the European Economic Community and USSR on  18 December  1989 shall perform  the 
duties assigned to it by this Agreement until the Cooperation  Council provided  for  in Article  82 of the 
Partnership and Cooperation Agreement is established. 

Article 20 
The  Joint  Committee  may,  for  the  purposes  of  attaining  the  objectives  of  the  Agreement,  make 
recommendations in the cases provided for therein. 

It shall draw up its recommendations by agreement between the two Parties. 

Article 21 
[PCA Moldova  : Article 861 

When  examining  any  issue  arising  within  the  framework  of this  Agreement  in  relation  to  a  provision 
referring  to  an  article of the GATT, the Joint  Committee  shall  take  into account  to  the greatest  extent 
possible  the  interpretation  that  is  generally  given  to  the  article  of  the  GATT  in  question  by  the 
Contracting Parties to the GATT. 

Article 22 
1PCA Moldova  : Article 901 

1.  Within  the  scope  of  this  Agreement,  each  Party  undertakes  to  ensure  that  natural  and 

legal 
persons  of the other Party  have  access  free  of (hscrimination in relation to its own nationals to the 
competent  courts and  administrative  organs of the Parties to defend  their  individual  rights  and 
intellectual,  industrial  and  commercial 
their  property  rights,  including 
property. 

concerning 

those 

2.  Within the limits of their respective powers, the Parties : 

-  shall  encourage  the  adoption  of  arbitration  for  the  settlement  of  disputes  arising  out  of 
commercial and cooperation transactions concluded by economic operators  of the Community  and 
those of the Republic of Moldova; 

-  agree  that  where  a  dispute  is  submitted  to  arbitration,  each  Party  to  the  dispute  may,  except 
where the  rules  of the  arbitration  centre  chosen  by the Parties  provide  otherwise,  choose  its  own 
arbitrator,  irrespective  of  his  nationality,  and  that  the  presiding  third  arbitrator  or  the  sole 
arbitrator may be a citizen of a third state; 

- will recommend their economic operators to choose by mutual consent the law applicable to their 
contracts; 

-  shall  encourage  recourse to the arbitration  rules  elaborated  by  the  United  Nations  Commission 
on International  Trade Law  (Uncitral)  and to arbitration  by any  centre  of  a  state  signatory  to the 
Convention  on  Recognition  and  Enforcement  of  Foreign  Arbitral  Awards  done  at  New  York  on 
10th June  1958. 

<# 

Article 23 
1PCA Moldova : Article 911 

Nothing in the Agreement shall prevent a Party from taking any measures: 

(a)  which  it  considers  necessary  to  prevent  the  disclosure  of  information  contrary  to  its  essential 

security interests; 

(b)  which  relate to  the  production  of,  or trade  in  arms,  munitions  or  war  materials  or  to  research, 
development  or  production  indispensable  for  defence  purposes,  provided  that  such  measures  do 
not  impair  the  conditions  of  competition  in  respect  of  products  not  intended  for  specifically 
military purposes; 

(c)  which  it  considers  essential  to  its  own  security  in  the  event  of  serious  internal  disturbances 
affecting  the  maintenance  of  law  and  order,  in  time  of  war  or  serious  international  tension 
constituting  threat  of war  or  in  order to carry  out obligations  it  has  accepted  for  the  purpose  of 
maintaining peace and international security. 

(d)  which it considers necessary to respect its international obligations and commitments 

on the control of dual use industrial goods and technology. 

Article 24 
1PCA Moldova  : Article 921 

1. 

the  fields  covered  by  this  Agreement  and  without  prejudice 

In 
contained therein: 

to  any  special  provisions 

- the arrangements applied by the Republic of Moldova in respect of the Community  shall not give 
rise to any discrimination between the Member States, their  nationals or their companies or firms; 

-  the  arrangements  applied  by  the  Community  in  respect  of  the  Republic  of  Moldova  shall  not 
give rise to any discrimination between Moldovan nationals,  or  its companies or firms. 

2. 

The  provisions  of  Paragraph  1  are  without  prejudice  to  the  right  of  the  Parties  to  apply  the 
relevant  provisions  of their  fiscal  legislation  to  tax  payers  who  are  not  in  identical  situations  as 
regards their place of residence. 

Article 25 
fPCA  Moldova  : Article 931 

1.  Each  of the two Parties  may  refer  to the Joint  Committee any  dispute  relating  to the  application  or 

interpretation of this Agreement. 

2.  The Joint Committee may settle the dispute by means of a  recommendation. 

3.  In  the  event  of  it  not  being  possible  to  settle  the  dispute  in  accordance  with  paragraph  2  of  this 
Article, either Party may notify  the other of the appointment  of an  conciliator; the other  Party  must 
then  appoint  a  second  conciliator  within  two  months.  For  the  application  of  this  procedure,  the 
Community and the Member States shall be deemed to be one Party to the dispute. 

The Joint Committee shall appoint a third conciliator. 

The conciliators' recommendations shall be taken by majority  vote.  Such recommendations  shall not 
be binding upon the Parties. 

\\1 
Vo' 

10 

* 

Article 26 

1PCA Moldova  : Article 941 

The  Parties  agree  to  consult  promptly  through  appropriate  channels  at  the  request  of  either  party  to 
discuss any matter concerning the interpretation or implementation of this Agreement and other  relevant 
aspects of the relations between the Parties. 

The provisions of this Article shall in no way affect  and are without prejudice to Articles  9,  10, 25 and 
30. 

Article 27 
fPCA  Moldova  : Article 841 

Treatment granted to the Republic of Moldova hereunder shall in no case be more favourable  than  that 
granted by the Member States to each other. 

Article 28 
1PCA Moldova  : Article 861 

Insofar  as matters covered  by this Agreement are covered by the  European  Energy  Charter  Treaty  and 
Protocols thereto, such Treaty and Protocols shall  upon entry  into force  apply to such  matters  but only 
to the extent that such application is provided for therein. 

Article 29 

1.  This  Agreement  shall  be  applicable  until  the  entry  into  force  of  the  Partnership  and  Cooperation 

Agreement signed on «£/<?***!/£*< ^«£  O j9^ 

2.  Either Party may denounce this Agreement by notifying  the other  Party. This  Agreement  shall  cease 

to apply six months after the date of such  notification. 

Article 30 
1PCA Moldova  : Article 991 

1.  The Parties  shall take any general  or  specific  measures  required  to  fulfil  their  obligations  under  the 

Agreement.  They shall see to it that the objectives set out in the Agreement are attained. 

2.  If either Party considers that the other Party has railed to fulfil  an obligation under the Agreement,  it 
may  take  the  appropriate  measures.  Before  so  doing,  except  in  cases  of  special  urgency,  it  shall 
supply the Joint Committee with all relevant information  required for  a thorough  examination  of the 
situation with a view to seeking a solution acceptable to the Parties. 

In the selection of these measures, priority must be given to those which least disturb the  functioning 
of the Agreement.  These measures  shall be notified  immediately  to the Joint  Committee  if the other 
Party so requests. 

11 

Annexes  I,  H, III and the Protocol  on mutual  assistance between  administrative  authorities  in  customs 
matters shall form an integral part of this Agreement. 

Article 31 

Article 32 
1PCA Moldova  : Article 1021 

This  Agreement  shall  apply,  on  the  one  hand,  to  the  territories  in which  the  treaties  establishing  the 
European  Community,  the  European  Atomic  Energy  Community  and  the  European  Coal  and  Steel 
Community  are applied and under the conditions laid down in those Treaties and, on the other hand, to 
the territory of the Republic of Moldova. 

Article 33 
1PCA Moldova  : Article 1031 

The Secretary-General of the Council of the European Union shall be the depositary of this  Agreement. 

Article 34 
1PCA Moldova  : Article 1041 

The  Agreement  is  drawn  up  in  one  copy  inh  the  Danish,  Dutch,  English,  Finnish,  French,  German, 
Italian,  Spanish,  Swedish,  Greek,  Portuguese  and  Moldovan  languages,  each  of  these  texts  being 
equally authentic. 

Article 35 
1PCA Moldova  : Article 1051 

This Agreement will be approved by the Parties in accordance with their own procedures. 

This  Agreement  shall  enter  into  force  on the  first  day  of  the  second  month  following  the  date  on 
which  the  Parties  notify  the  Secretary-General  of  the  Council  of  the  European  Union  that  the 
procedures referred to in this paragraph have been completed. 

Upon its entry into force, and as far  as relations between the Republic of Moldova and the  Community 
are concerned, this Agreement shall replace  Article 2, Article 3 except for the fourth  indent thereof, and 
Articles  4 to  16 of the Agreement between the European  Economic  Community, the  European  Atomic 
Energy Community and the Union of Soviet Socialist Republics on trade and economic and commercial 
cooperation signed in Brussels on  18 December  1989. 

12 

LIST OF ANNEXES 

Annex I 

Indicative  list of advantages granted by the Republic of Moldova to the other 
Independent States in accordance with Article 3(3) 

Annex II 

Exceptional measures which derogate from the provisions of Article 6. 

Annex HI 

Intellectual, industrial and commercial property (Article  17) 

Protocol on mutual assistance in customs matters. 

13 

ANNEX  I 

Indicative list of advantages granted by the Republic of Moldova to the Independent States in 
accordance with Article 1(3). 

1.  Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Tajikistan, 

Turkmenistan, Russia, Ukraine, Uzbekistan. 
No import duties are implemented. 
No export duties are implemented as regards goods delivered under clearing and interstate 
agreements within the volumes stipulated in these agreements. 
No VAT is applied on export and import.  No excise is applied on export. 
Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Tajikistan,  Turkmenistan, 
Russia, Ukraine, Uzbekistan - export quotas for deliveries of products under annual interstate trade 
and cooperation agreements are opened in the same way as for deliveries for state needs. 

2.  Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan,  Tajikistan, 

Turkmenistan, Russia, Ukraine, Uzbekistan -
Payments could be made in national currency of these countries or any other currencies accepted by 
Moldova or these countries. 

Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Lithuania, Russia,  Ukraine, 
Tadjikistan,  Turkmenistan, Uzbekistan- special system of non-commercial operations,  including 
payments resulting from these operations. 

3.  Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Russia,  Ukraine, Tadjikistan,  Turkmenistan, 

Uzbekistan- special system of current payments. 

4.  Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Russia, Ukraine, Tadjikistan,  Turkmenistan, 
Uzbekistan - special price system in trade with some raw materials and semi-finished  products. 

5.  Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Russia, Ukraine, Tadjikistan,  Turkmenistan, 

Uzbekistan- special conditions of transit. 

6.  Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Russia, Ukraine, Tadjikistan,  Turkmenistan, 

Uzbekistan- special conditions of customs procedures. 

14 

<# 

ANNEX  II 

Exceptional measures which derogate from the provisions of Article 5 

1.  Exceptional  measures which derogate from the provisions of Article  5  may  be taken  by  Moldova 

in the form of quantitative restrictions on a non-discnminatory basis. 

2.  These measures may only concern infant  industries, or certain  sectors  undergoing  restructuring  or 
facing  serious difficulties,  particularly where these difficulties  produce important social problems. 

3. 

The total value of imports of the products which are subject to these measures may not exceed  15 
%  of  total  imports  from  the  Community  during  the  last  year,  prior  to  the  introduction  of  any 
quantitative restrictions for which statistics are available. 

These  provisions  shall  not  be circumvented  by  increased  tariff  protection  on  the  imported  goods 
concerned. 

4. 

These  measures  may  only  be  applied  during  a  transitional  period  ending  31st  December  1998 
unless  parties  agree  otherwise,  or  when  Moldova  becomes  a  contracting  Party  to  GATT 
whichever is earlier. 

5.  Moldova  shall  inform  the Joint  Committee  of any measures  it  intends  to  take  under  the  terms  of 
this present Annex, and, at the request of the  Community,  consultations  shall  be held  in the Joint 
Committee on such measures and the sectors to which they apply before they enter into force. 

15 

rf 

ANNEX  III 

Intellectual. Industrial  and  Commercial Property  (Article  17) 

1.  Community acts referred to in Article  17. 

-  First Council Directive 89/104/EEC of 21 December  1988 to approximate the laws of 

the Member States relating to trade marks. 

-  Council Directive 87/54/EEC of  16 December  1986 on the legal protection of 

topographies of semi-conductor products. 

-  Council Directive 91/250/EEC of  14 May  1991 on the legal protection of computer 

programs. 

-  Council Regulation (EEC) No  1768/92 of  18 June  1992 concerning the creation of a 

supplementary protection certificate  for medicinal products. 

-  Council Regulation (EEC) No 2081/92 of  14 July  1992 on the protection  of 

geographical  indications and designations of origin for agricultural  products and 
foodstuffs. 

-  Council Directive 93/83/EEC of 27 September  1993 on the coordination of certain 
rules concerning copyright and rights related to copyright applicable to satellite 
broadcasting and cable retransmission. 

-  Council Directive 93/98/EEC of 29 October  1993 harmonizing the term of protection 

of copyright and certain related rights. 

-  Council  Directive 92/100/EEC of  19 November  1992 on rental right and lending right 

and on certain rights related to copyright in the field of intellectual  property. 

2.  If problems in the area of intellectual, industrial  and commercial  property  as  addressed  in the above 
Community  acts  and  affecting  trading  conditions  were  to  occur,  urgent  consultations  will  be 
undertaken, at the request of the  Community  or the  Republic  of  Moldova,  with  a  view  to  reaching 
mutually satisfactory  solutions. 

16 

# 

PROTOCOL 

ON MUTUAL ASSISTANCE 

BETWEEN ADMINISTRATIVE AUTHORITIES 

IN CUSTOMS MATTERS 

U 

17 

J-

Article 1 

Definitions 

For the purposes of this Protocol : 

a)  "customs legislation" shall mean provisions applicable in the territories  of the Parties and governing 
the  import,  export,  transit  of  goods  and  their  placing  under  any  customs  procedure,  including 
measures of prohibition, restriction and control and adopted by the said Parties; 

b)  "customs  duties"  shall  mean  all  duties,  taxes,  fees  or  any  other  charges  which  are  levied  and 
collected in the territories of the Parties, in application of customs legislation,  but not including  fees 
and charges which are limited in amount to the approximate costs of services rendered; 

c)  "apphcant authority",  shall mean a competent administrative authority which has been appointed  by 

a Party for this purpose and which makes a request for assistance in customs matters; 

d)  "requested authority", shall mean a competent administrative authority which has been appointed  by 

a Party for this purpose and which receives a request for assistance in customs matters;, 

e)  "contravention",  shall  mean  any  violation  of  the  customs  legislation  as  well  as  any  attempted 

violation of such legislation. 

Article 2 

Scope 

1.  The Parties shall assist each other, within their competences, in the manner and under the conditions 
laid down in this Protocol,  in ensuring that customs  legislation  is correctly  applied,  in particular  by 
the prevention, detection and investigation of contraventions of this legislation. 

2.  Assistance,  in  customs  matters,  as  provided  for  in  this  Protocol,  applies  to  any  administrative 
authority of the Parties which is competent for the application o£jhis Protocol. It shall not  prejudice 
the  rules  governing  mutual  assistance  in  criminal  matters. Nor  shall  it  cover  information  obtained 
under powers exercised at the request of the judicial authority, unless those authorities so agree. 

Article 3 

Assistance on  request 

1.  At the  request  of the  applicant  authority,  the  requested  authority  shall  furnish  it  with  all  relevant 
information  to enable it to ensure that customs legislation  is correctly applied,  including  information 
regarding operations noted or planned which contravene or would contravene such  legislation. 

2.  At  the  request  of  the  applicant  authority,  the  requested  authority  shall  inform  it  whether  goods 
exported from the territory of one of the Parties have been properly  imported into the territory  of the 
other Party, specifying,  where appropriate, the customs procedure applied to the goods. 

3.  At  the  request  of the  applicant  authority,  the  requested  authority  shall  take  the  necessary  steps  to 

r~P 

18 

# 

ensure that a surveillance is kept on : 

(a)  natural  or  legal  persons  of  whom  there  are  reasonable  grounds  for  believing  that  they  are 

contravening or have contravened customs legislation; 

(b)  movements  of goods notified  as  possibly  giving rise to  substantial  contraventions  of  customs 

legislation; 

(c)  means of transport for which there are reasonable grounds  for  believing  that they  have been, 

are or may be used in the contravening of customs legislation. 

(d)  places  where  stocks  of  goods  have  been  assembled  in  such  a  way  that  there  are  reasonable 
grounds to  suppose that they  are intended as  supplies  for  operations  contrary  to the  customs 
legislation of the other Party. 

Article 4 

Spontaneous  assistance 

The Parties shall within their competences provide each other, in accordance with their laws, rules and 
other legal  instruments, with assistance without prior request if they  consider that to be necessary  for 
the correct application of customs legislation, particularly when they obtain information pertaining to : 

-  operations which have contravened, contravene or would contravene such legislation and which may 

be of interest to other Parties; 

-  new means or methods employed in realizing such operations; 

-  goods known to be subject to substantial contravention of customs legislation. 

Article 5 

Delivery/Notification 

At the request of the applicant authority, the requested authority shall in accordance with its legislation 
take all necessary measures 

in order to deliver all documents, 
to notify all decisions, 

falling within the scope of this Protocol to an addressee, residing or established in its territory. In such a 
case Article 6, point 3 is applicable. 

w 

19 

<$f 

Article 6 

Form and substance of requests for assistance 

1.  Requests pursuant to this Protocol shall be made in writing. Documents necessary  for the execution 
of  such  requests  shall  accompany  the  request.  When  required  because  of  the  urgency  of  the 
situation, oral requests may be accepted, but must be confirmed in writing immediately. 

2.  Requests pursuant to paragraph  1  of this Article shall include the following  information  : 

(a) 
(b) 
(c) 
(d) 
(e) 

the applicant authority making the request; 
the measure requested; 
the object of and the reason for the request; 
the laws, rules and other legal elements involved; 
indications as exact and comprehensive as possible on the natural or legal persons 
being the target of the investigations; 

(f)  a summary of the relevant facts and of the enquiries already carried out, except in 

cases provided for in Article 5. 

3.  Requests  shall  be  submitted  in  an  official  language  of  the  requested  authority  or  in  a  language 

acceptable to such authority. 

4.  If a request does not meet the formal  requirements,  its correction  or completion  may  be demanded  ; 

the ordering of precautionary measures may, however, take place. 

Article 7 

Execution  of  requests 

1.  In order to comply with a request for  assistance, the requested  authority  or,  when the  latter  can  not 
act  on  its  own,  the  administrative  department  to  which  the  request  has  been  addressed  by  this 
authority,  shall proceed, within  its competence and  available  resources, as  though  it were acting on 
its own account  or  at the request  of other authorities  of that  same  Party,  by  supplying  information 
already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out. 

2.  Requests  for  assistance  will  be  executed  in  accordance  with  the  laws,  rules  and  other  legal 

instruments of the requested Party. 

3.  Duly  authorised  officials  of a Party may, with the agreement of the other Party  involved and  within 
the  conditions  laid  down  by  the  latter,  obtain  from  the  offices  of  the  requested  authority  or  other 
authority  for  which the requested  authority  is responsible,  information  relating  to the  contravention 
of customs legislation which the applicant authority needs for the purposes of this Protocol. 

4.  Officials  of a  Party  may,  with the  agreement  of the other Party  mvolved  and  within  the  conditions 

laid down by the latter, be present at enquiries carried out in the latter's territory. 

20 

tJP 

Article 8 

Form  in which information  is to be  communicated 

1.  The requested authority shall communicate results of enquiries to the applicant  authority  in the  form 

of documents certified  copies of documents, reports and the like. 

2.  The documents provided for in paragraph  1 may be replaced by computerized  information  produced 

in any form for the same purpose. 

Article 9 

Exceptions to the obligation to provide  assistance 

1.  The Parties may refuse to give assistance as provided for in this Protocol, where to do so would : 

(a)  be likely to prejudice sovereignty, public policy, security or other essential 

(b) 

interests; or 
involve currency or tax regulations other than regulations concerning customs 
duties; or 

(c)  violate an industrial, commercial or professional  secret. 

2.  Where  the  applicant  authority  asks  for'assistance  which  it  would  itself  be  unable  to  provide  if  so 
asked, it shall draw attention to that fact  in its request.  It shall then  be left  to the requested  authority 
to decide how to respond to such a  request. 

3.  If  assistance  is  withheld  or  denied,  the  decision  and  the  reasons  therefore  must  be  notified  to  the 

applicant authority without delay. 

Article 10 

Obligation to observe  confidentiality 

1.  Any  information  communicated  in  whatsoever  form  pursuant  to  this  Protocol  shall  be  of  a 
confidential  nature.  It  shall  be  covered  by  the  obligation  of  official  secrecy  and  shall  enjoy  the 
protection extended to like information  under the relevant laws of the Party which  received  it and the 
corresponding provisions applying to the Community authorities. 

2.  Nominative  data  shall  not  be transmitted  whenever there are  reasonable grounds  to  believe that  the 
transfer  or the use made of the date transmitted would be contrary to the basic legal principles of one 
of the  Parties,  and,  in  particular,  if the person  concerned  would  suffer  undue  disadvantages.  Upon 
request,  the  receiving  Party  shall  inform  the  furnishing  Party  of  the  use  made  of  the  information 
supplied and of the results achieved. 

3.  Nominative  data  may  only  be  transmitted  to  customs  authorities  and,  in  the  case  of  need  for 
prosecution  purposes,  to  public  prosecution  and judicial  authorities.  Other  persons  or  authorities 
may obtain such information  only upon previous authorisation by the furnishing  authority. 

4.  The  furnishing  Party  shall  verify  the  accuracy  of  the  information  to  be  transferred.  Whenever  it 
appears  that the  information  supplied  was  inaccurate  or to  be deleted, the  receiving  Party  shall  be 
notified without delay. The latter shall be obliged to carry out the correction or deletion. 

\vj> 

21 

*# 

5.  Without  prejudice  to  cases  of  prevailing  pubhc  interest,  the  person  concerned  may  obtain,  upon 

request, information  on the data stores and the purpose of this storage. 

Article 11 

Use of information 

1.  Information  obtained  shall  be used solely  for  the purposes  of this  Protocol  and  may  be used  within 
each  Party  for  other  purposes  only  with  the  prior  written  consent  of  the  administrative  authority 
which furnished  the information and shall be subject to any restrictions laid down by that authority. 

2.  Paragraph  1 shall  not  impede the  use  of  information  in  any judicial  or  administrative  proceedings 

subsequently instituted for failure to comply with customs legislation. 

3.  The  Parties  may,  in  their  records  of  evidence,  reports  and  testimonies  and  in  proceedings  and 
charges brought before the courts, use as evidence information  obtained and documents consulted in 
accordance with the provisions of this Protocol. 

Article 12 

Experts  and  witnesses 

An  official  of  a  requested  authority  may  be  authorized  to  appear,  within  the  limitations  of  the 
authorization  granted,  as  expert  or  witness  in  judicial  or  administrative  proceedings  regarding  the 
matters  covered  by  this  Protocol  in  the  jurisdiction  of  another  Party,  and  produce  such  objects, 
documents  or  authenticated  copies thereof,  as  may  be  needed  for  the  proceedings.  The  request  for  an 
appearance  must  indicate  specifically  on  what  matters  and  by  virtue  of  what  title  or  qualification  the 
official  will be questioned. 

Article  13 

Assistance  expenses 

The Parties shall waive all claims on each other for the reimbursement of expenses incurred pursuant to 
this  Protocol,  except,  as  appropriate,  for  expenses  to  experts  and  witaesses  and  to  interpreters  and 
translators who are not dependent upon public services. 

22 

3* 

Article 14 

Implementation 

1.  The management of this Protocol shall be entrusted to the central customs authorities of Moldova on 
the  one  hand  and  the  competent  services  of  the  Commission  of  the  European  Communities  and, 
where  appropriate,  the  customs  authorities  of  the  Member  States  of  the  European  Union  on  the 
other.  They  shall  decide  on  all  practical  measures  and  arrangements  necessary  for  its  application, 
taking into consideration rules in the field of data protection. They may recommend to the competent 
bodies amendments which they consider be made to this Protocol. 

2.  The Parties shall consult each other and subsequently  keep each  other  informed  of the detailed  rules ' 

of implementation which are adopted in accordance with the provisions of this Protocol. 

Article  15 

Complementarity 

This  Protocol  shall  complement  and  not  impede  the  application  of  any  agreements  on  mutual 
assistance which have been concluded  or may  be concluded  between  individual  or  several  Member 
States of the European  Union and Moldova. Nor shall  it preclude more extensive mutual  assistance 
granted under such agreements. 

Without prejudice to Article  11, these agreements do not prejudice  Community provisions governing 
the communication  between the  competent  services  of the  Commission  and  the customs  authorities 
of the Member States of any information  obtained in customs matters which could be of  Community 
interest. 

23-

JOINT DECLARATION  CONCERNING ARTICLE 9 

The  Community  and the RepubUc of  Moldova declare  that the  text  of  the  safeguard  clause  does  not 
grant GATT safeguard treatment. 

H 

24 

** 

JOINT DECLARATION  CONCERNING ARTICLE  10 

It is understood that the provisions of Article  10 are neither intended to, nor shall slow down, hinder or 
impede the procedures provided for in the respective legislations  of the Parties  regarding anti-dumping 
and subsidies investigations. 

K-Jt 

25 

JOINT DECLARATION CONCERNING ARTICLE 17 

Within  the  limits  of  their  respective  competences  the  Parties  agree  that  for  the  purpose  of  the 
Agreement, intellectual, industrial and commercial property includes in particular copyright, including 
the copyright in computer programs, and neighbouring rights, the rights relating to patents, industrial 
designs,  geographical  indications,  including  appellations  of  origin,  trademarks  and  service  marks, 
topographies  of  integrated  circuits  as  well as  protection  against  unrair  competition  as  referred  to in 
Article  10 bis  of  the  Paris  Convention  for  the  protection  of  Industrial  Property  and  protection  of 
undisclosed information on know-how. 

Jr 

JOINT DECLARATION CONCERNING ARTICLE 30 

The Parties agree, for the purpose of its correct interpretation and its practical application, that the term 
"cases of special urgency" included in Article 30 of die Agreement mean cases of material breach of the 
Agreement by one of the Parties.  A material breach of the Agreement consists in 

t 

a) 

repudiation of the Agreement not sanctioned by the general rules of international law 

or 

b) 

violation of the essential elements of the Agreement set out in Article 1. 

27 

Unilateral declaration bv the Republic of Moldova concerning the protection  of intellectual, 

industrial  and commercial property  rights 

Moldova declares that : 

1.  By  the  end  of  the  fifth  year after  entry  into  force  of the Agreement, the Republic  of  Moldova 
shall  accede  to  the  multilateral  conventions  on  intellectual,  industrial  and  commercial  property 
rights referred to  in Paragraph 2 of this declaration to which Member States of the  Community  are 
parties  or  which  are  de  facto  applied  by  Member  States  according  to  the  relevant  provisions 
contained in these conventions. 

2.  Paragraph  1  of this declaration concerns the following multilateral  conventions: 

-  Berne  Convention  for the Protection of Literary  and Artistic Works  (Paris Act,  1971); 

- 

International  Convention 
Broadcasting Organizations  (Rome,  1961); 

for 

the  Protection  of  Performers,  Producers  of  Phonograms  and 

-  Protocol  relating  to  the  Madrid  Agreement  concerning the  International  Registration  of  Marks 

(Madrid,  1989); 

-  Nice Agreement concerning the International  Classification  of Goods  and  Services  for  the  purposes 

of the Registration of Marks (Geneva  1977, amended  1979); 

- 

International  Convention for the Protection of New Varieties of Plants (UPOV) (Geneva Act,  1991 ) 

3.  Moldova  confirms  the  importance  it  attaches  to  the  obligations  arising  from  the  following 

multilateral conventions: 

-  Budapest  Treaty  on  the  International  Recognition  of  the  Deposit  of  Micro-organisms  for  the 

purposes of Patent Procedures  (1977, modified  in 1980); 

-  Paris  Convention  for  the  Protection  of  Industrial  Property  (Stockholm  Act,  1967  and  amended  in 

1979); 

-  Madrid  Agreement  concerning the  International  Registration  of  Marks  (Stockholm  Act,  1967,  and 

amended in  1979); 

-  Patent Cooperation Treaty (Washington  1970, amended and modified  in  1979 and  1984); 

4.  From  the  entry  into  force  of  this  Agreement  the  Republic  of  Moldova  shall  grant  to  Community 
companies  and  nationals,  in  respect  of the  recognition  and  protection  of  intellectual,  industrial  and 
commercial property, treatment no less favourable  than that granted  by it to any third  country  under 
bilateral agreements. 

5.  The provisions of paragraph  4 shall not apply to advantages granted by the Republic  of Moldova  to 
any  third  country  on  an  effective  reciprocal  basis  or  to  advantages  granted  by  the  Republic  of 
Moldova to another country of the former  USSR. 

28 

/ 

ISSN 0254-1475 

COM(95) 244 final 

DOCUMENTS 

EN 

11 

Catalogue number  :  CB-CO-95-283-EN-C 

ISBN 92-77-90349-X 

Office for Official Publications of the European Communities 

L-2985 Luxembourg