Source: EURLEX
Language: en
Format: md

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
Cooperation signed on 18 December 1989 between the European Economic
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**

(../.../ECSC)

THE EUROPEAN COMMISSION,

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,

meeting at on for the signature of the 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, 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,** the EUROPEAN ATOMIC ENERGY
**COMMUNITY** **and** **the EUROPEAN COAL AND STEEL COMMUNITY,**

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 traderelated 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 exports, including the method of
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.

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) Article VII, paragraphs 1, 2, 3, 4a, 4b, 4d, 5;
(ii) Article VIII;
(iii) Article EX;
(iv) 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. 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.

4. In critical circumstances where delay would cause damage difficult to repair, the Parties may
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
their property rights, including those concerning intellectual, industrial and commercial
property.

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. In the fields covered by this Agreement and without prejudice to any special provisions
contained therein:

        - 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**_ _*****_

**10**

**Vo'**

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 «£/<?***!/£*< ^«£ Oj [9] ^

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

Article 31

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 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

**Annex I**

**LIST** **OF ANNEXES**

**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.

_**rf**_
15

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**

##### **_U_**

**PROTOCOL**

**ON MUTUAL ASSISTANCE**

**BETWEEN ADMINISTRATIVE AUTHORITIES**

**IN CUSTOMS MATTERS**

### **_J-_**

**17**

_**r~P**_

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

_**#**_
18

##### **w**

**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.**

**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) the applicant authority making the request;
(b) the measure requested;
(c) the object of and the reason for the request;
(d) the laws, rules and other legal elements involved;
(e) 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**_

**\vj>**

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
interests; or
(b) 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.

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.**

**24**
_**H**_ _******_

K-Jt

**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.**

**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 for the Protection of Performers, Producers of Phonograms and
Broadcasting Organizations (Rome, 1961);

- 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