CELEX: 52014PC0157
Language: en
Date: 2014-03-10
Title: Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part

|
			
		
		
		52014PC0157
		
			Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part /* COM/2014/0157 final - 2014/0087 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE
PROPOSAL/BACKGROUND
The attached proposal
constitutes the legal instrument for authorising the signature and provisional
application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part.
Since the European
Atomic Energy Community (EAEC) is a Party to the Agreement, a separate
procedure applies to the signing and conclusion of this Agreement by the
Commission on behalf of the EAEC.  
Relations between the European
Union (EU) and the Republic of Moldova are currently based on the Partnership
and Cooperation Agreement which entered into effect in July 1998. Negotiations
of the comprehensive and ambitious Association Agreement between the EU and the
  Republic of Moldova were launched in January 2010. In January 2012, the EU
and the Republic of Moldova also launched negotiations on the Deep and
Comprehensive Free Trade Area (DCFTA) part, as a core element of the
Association Agreement. 
The Association Agreement aims to accelerate the deepening
of political and economic relations between the Republic of Moldova and the EU, as well as to advance the Republic of Moldova's gradual
economic integration with the EU Internal Market in selected areas, inter alia
through a DCFTA, as an integral part of the Agreement. 
The Agreement is a concrete way to exploit the dynamics in
EU-Moldova relations, focusing on support to core reforms, on economic recovery
and growth, governance and cooperation in different sectors. The Agreement also
constitutes a reform agenda for the Republic of Moldova, based on a
comprehensive programme of approximation of the Republic of Moldova's legislation to EU norms and standards, around which all partners of the Republic of   Moldova are invited to align themselves and focus their assistance. Future EU
assistance to the Republic of Moldova is linked with the reform agenda as it
emerges from the Agreement. In view of preparing and facilitating the
implementation of the Association Agreement, an Association Agenda has been
prepared. 
Following the 15th
Plenary in March 2013 and the 7th DCFTA round in June 2013, the EU
and the Republic of Moldova finalised the negotiations on the Association
Agreement. On 29 November 2013, the European Union and the Republic of Moldova initialled the text of the Association Agreement, including the DCFTA part.

In line with Article
465 of the Association Agreement, it is foreseen to provisionally apply parts
of the Agreement. Provisional application is foreseen in view of keeping mutual
economic interests and shared values in equilibrium, and the common will of the
EU and the Republic of Moldova to start implementing and enforcing the eligible
parts of the Agreement in order to advance an early reform impact on sector
specific issues before the conclusion of the Agreement.
2.           RESULTS
OF THE NEGOTIATIONS
The Council has been
regularly informed and consulted in the relevant Council Working Groups, notably
in COEST and the Trade Policy Committee (TPC), at all stages of the
negotiations. The Commission considers that the objectives set by the Council
in its negotiating directives were attained and that the draft Association
Agreement is acceptable to the Union.
The final content of
the Association Agreement can be summarised as follows:
The Agreement
establishes an association between the Union and its Member States of the one part, and the Republic of Moldova of the other part. This constitutes a new
stage in the development of EU-Moldova contractual relations, aiming at
political association and economic integration and leaving open the way for
further progressive developments. 
The overall aims of the
association focus on promoting a gradual rapprochement between the parties on
the basis of common values; strengthening the framework for enhanced political
dialogue; promoting, preserving and strengthening peace and stability in both
the regional and international dimensions; establishing conditions for enhanced
economic and trade relations leading towards the Republic of Moldova's gradual
economic integration with the EU internal market in selected areas; enhancing justice,
freedom and security cooperation with the aim of reinforcing the rule of law
and respect for human rights and fundamental freedoms, and establishing
conditions for increasingly close cooperation in other areas of mutual
interest. 
The General
Principles of the Agreement include a specific set of "essential
elements", the violation of which by one of the Parties could give rise to
specific measures under the Agreement, including the suspension of rights and
obligations. These elements are; respect for democratic principles, human
rights and fundamental freedoms as defined in relevant international
instruments; respect for the rule of law; and countering the proliferation of
weapons of mass destruction, related materials and means of delivery. 
Other General
Principles of the Agreement relate to the principles of a free market
economy, good governance, the fight against corruption, the fight against
trans-national organised crime and terrorism, the promotion of sustainable
development and effective multilateralism.
The Agreement sets out the
aims of a strengthened political dialogue promoting gradual convergence
on foreign and security matters. The Agreement provides for dialogue and
cooperation on domestic reform based on the common principles set out by the
Parties. There are also provisions for intensified dialogue and cooperation on
foreign and security policy, including on Common Security and Defence Policy,
for the promotion of peace and international justice by implementing the Rome
Statute of the International Criminal Court, and for joint efforts on
anti-terrorism, anti-proliferation and disarmament and arms control. The
Agreement further reiterates the Parties' commitment to a sustainable solution
to the Transnistrian issue, in full respect of the sovereignty and territorial
integrity of the Republic of Moldova as well as to facilitating jointly
post-conflict rehabilitation. 
In the field of justice,
freedom and security, the Agreement pays particular attention to the rule
of law and to the effective functioning of institutions in the areas of law
enforcement and the administration of justice. The Agreement sets out the
framework for cooperation on migration, asylum and border management, on
personal data protection, money laundering and terrorism and on anti-drugs
policy. The Agreement contains provisions on movement of persons, including on
readmission, on visa facilitation and on the gradual steps towards a visa-free
regime in due course provided that relevant conditions for well-managed and
secure mobility are in place. The commitment to combat crime, corruption and
other illegal activities and the further development of judicial cooperation in
civil and criminal matters is also covered - making full use of relevant
international and bilateral instruments. 
The Association
Agreement also foresees a wide range of sector cooperation, focusing on support
to core reforms, economic recovery and growth, governance and sector
co-operation in 28 areas, such as: public administration reform, management of
public finances, energy, transport, environmental protection and promotion,
industrial and small and medium enterprise cooperation, social policies,
consumer protection, agriculture and rural development, cross-border and
regional level cooperation, education, training, civil service cooperation and
youth as well as cultural cooperation. In all of these areas, enhanced
cooperation starts from the basis of current frameworks, both bilateral and
multilateral, with the aim of more systematic dialogue and exchange of
information and good practice. Key to the sectoral cooperation parts of the
Agreement is a comprehensive menu of gradual approximation set out in the annexes
to the Agreement. Specific schedules for approximation and implementation by the
 Republic of Moldova of selected parts of the EU acquis will provide a
focus for on-going cooperation, and will form the core of the Republic of Moldova's domestic reform and modernisation agenda. 
The Agreement includes
an updated institutional framework encompassing cooperation and dialogue fora.
Specific decision-making roles are foreseen for an Association Council, and by
delegation, for an Association Committee, which may also meet in a specific
configuration to address trade issues. Fora for civil society and parliamentary
cooperation are also foreseen. The Agreement also includes provisions on
monitoring, approximation, fulfilment of obligations and dispute settlement
(including separate provisions for trade-related matters). 
With regard to the DCFTA
part of the Agreement, the Commission has reached the objectives set out in the
negotiating directives to dismantle import duties on substantially all trade,
while providing a strong binding framework to ban all arbitrary
trade-restrictive measures, including export duties and quantitative export
restrictions. The DCFTA foresees specific, time-bound provisions for sensitive
products and issues, especially through transitional periods, selected
tariff-rate quotas, and the anti-circumvention mechanism for sensitive
agricultural products.
In terms of technical
barriers to trade, the Republic of Moldova will progressively adapt its
technical regulations and standards to those of the EU. Negotiations for an
Agreement on Conformity Assessment and Acceptance of Industrial Products (ACAA)
will ensure that in specific sectors Moldovan legislation and market surveillance
systems will be in line with those in the EU, so that trade between the Parties
can take place under the same conditions as between EU Member States.
As regards trade in
animals, plants and their products the DCFTA will provide for the alignment of Moldova's sanitary and phyto-sanitary and animal welfare legislation to the EU's SPS and
animal welfare legislation which would consequently lead to further trade
facilitation. The DCFTA will ensure the setting up of a rapid consultation
mechanism to solve SPS-related trade irritants, including a specific rapid
alert and early warning system for veterinary and phyto-sanitary emergencies. 
Building on current
cooperation on customs matters, the Protocol on mutual administrative
assistance in customs matters provides a stronger legal framework to ensure the
correct application of customs legislation and the fight against customs fraud.

As regards
establishment, the DCFTA provides for national treatment and most favoured
nation treatment of companies, subject to limited reservations. With regard to
trade in services, the DCFTA foresees a wide market access, as well as the
possibility to liberalise further the market access, including as a result of
approximation by the Republic of Moldova with the EU acquis in the fields
of financial, telecommunications/electronic commerce, postal and courier, and
international maritime transport services. 
The DCFTA will provide
high levels of protection for all EU agricultural Geographical Indications
(GIs), not only those relating to wines and spirits, and any new products added
to the list of protected GIs. The Agreement includes the provisions of the
EU-Republic of Moldova Agreement on Geographical Indications which entered into
force on 1 April 2013, including its annexes. It foresees a mechanism enabling
full protection of new indications which may be added to the Agreement on
Geographical Indications before the Association Agreement enters into force.
Moreover, the DCFTA includes provisions on copyright, designs (including unregistered
ones), and patents which complement and up-date the TRIPS Agreement and include
provisions for the enforcement of IPRs based on the EU's internal rules.
In terms of integration
of the public procurement markets, the DCFTA will allow access of the Republic of Moldova, a non-EEA Member
to the EU public procurement market, following a period of transition during
which the Republic of Moldova will approximate  current and future EU
legislation on public procurement. Further access to the EU procurement market
for bids below the value thresholds may be discussed once approximation has
been successfully completed. As a result, suppliers and service providers will
have mutual market access to the public procurement markets, exception made for
the defence sector. 
Through the DCFTA, the Republic of   Moldova will ensure implementation of comprehensive competition laws, ensure
effective implementation of the principles of undistorted competition and
subject state monopolies, state enterprises or enterprises entrusted with
special or exclusive rights to abide to those competition laws. 
The section on
subsidies is particularly significant in so far as it contains a commitment of
the Republic of Moldova to adopt a domestic system of state aid control similar
to that of the EU and to establish an operationally independent authority
entrusted with the control of state aid. 
On trade-related energy
issues, the DCFTA introduces binding provisions on pricing, including the
prohibition of dual pricing, on uninterrupted transit of energy goods with a
view to ensuring the security of supply, on the independence of regulatory
authorities in the energy field, and to clarify the relationship with Moldova's commitments under the Energy Community Treaty.  
Commitments to pursue sustainable development in
trade and to abide by multilateral commitments in this respect are provided
for, while ensuring the right to regulate own levels of domestic environmental
and labour protection. The DCFTA includes a commitment to refrain from waiving
or derogating from such standards in a manner that affects trade or investment
between the parties.
Effective settlement
procedures based on the model of
the WTO Dispute Settlement Understanding will provide for a swifter resolution
of bilateral trade disputes,
including by allowing the affected party to impose proportionate sanctions,
with even faster procedures for urgent disputes on trade-related energy
matters. 
Specific provisions on
transparency and dialogue with the civil society and stakeholders have also
been agreed to ensure a consultative, open and predictable nature of
policy-making in trade-related areas. Furthermore, the DCFTA contains
disciplines facilitating the conduct and assessment of approximation processes
in trade-related areas. 
The Republic of Moldova's closer economic integration with the EU through the DCFTA will be a
powerful stimulant to the country's economic growth. As a core element of the
Association Agreement, the DCFTA will create business opportunities in both the
EU and the Republic of Moldova and will promote real economic modernisation and
integration with the EU. Higher standards of products, better services to
citizens, and above all the Republic of Moldova's ability to compete
effectively in international markets should be the result of this process. 
3.           LEGAL
ELEMENTS OF THE PROPOSAL
On the part of the Union, the legal basis for the signature and provisional application of this Agreement is
Article 217, in conjunction with Article 218(5) and the second subparagraph of
Article 218(8), as well as Article 218(7) of TFEU. A separate legal instrument
applies to the European Atomic Energy Community. 
The attached proposal
constitutes the legal instrument for the signature and provisional application
of the Association Agreement.
In light of the
above-mentioned results of negotiations, the Commission proposes that the
Council decides that the Association Agreement between the European Union and the European Atomic Energy Community and
their Member States, of the one part, and the Republic of Moldova, of the other
part, should be signed on behalf of the Union and establishes appointment of
the person(s) duly empowered to sign on behalf of the Union.
The proposal foresees
that parts of the Agreement will be applied provisionally by the Union without it prejudicing the allocation of competences in accordance with the Treaties.

The fact that the
Commission has submitted its proposal as an agreement of the Union and its Member States and the Republic of Moldova is related to the genesis of this Agreement under the
rules of the Treaty before the entry into force of the Treaty of Lisbon.
2014/0087 (NLE)
Proposal for a
COUNCIL DECISION
on the signing, on behalf of the European
Union, and provisional application of the Association Agreement between the
European Union and the European Atomic Energy Community and their Member
States, of the one part, and the Republic of Moldova, of the other part
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the
Treaty on the Functioning of the European Union, and in particular Article 217,
in conjunction with Article 218(5) and the second subparagraph of Article
218(8) thereof, as well as Article 218(7) thereof,
Having regard to the
proposal from the European Commission,
Whereas:
(1)       On 15 June 2009, the
Council authorised the Commission to open negotiations with the Republic of Moldova for the conclusion of a new Agreement between the European Union and the Republic of   Moldova to replace the Partnership and Cooperation Agreement. 
(2)       Taking into account the
close historical relationship and progressively closer links between the
Parties as well as their desire to strengthen and widen relations in an
ambitious and innovative way, the negotiations on the Association Agreement
were successfully finalised by the initialling of the Agreement on 29 November
2013.
(3)       Therefore, the Agreement
should be signed on behalf of the Union and applied on a provisional basis in
accordance with its Article 465, pending its conclusion at a later date.
(4)       Article 465 of the
Agreement provides for the provisional application of the Agreement before its
entry into force,
(5)       Pursuant to Article 218(7)
of the Treaty on the Functioning of the European Union, it is appropriate for
the Council to authorise the Commission to approve modifications to be adopted
by the Sub-Committee on Geographical Indications pursuant to Article 306 of the
Agreement.
(6)       It is appropriate to set
out the relevant procedures for the protection of Geographical Indications
which are given protection pursuant to the Agreement. 
(7)       The Agreement shall not be
construed as conferring rights or imposing obligations which can be directly
invoked before Union or Member State courts and tribunals.
HAS ADOPTED THIS DECISION: 
Article 1
The signing of the
Association Agreement between the European Union and
the European Atomic Energy Community and their Member
States, of the one part, and the Republic of Moldova, of the other part
(hereinafter "the Agreement"), is hereby approved on behalf of the
Union, subject to the conclusion of the said Agreement.
The text of the
Agreement to be signed is attached to this Decision.
Article 2
The Council Secretariat
General shall establish the instrument of full powers to sign the Agreement,
subject to its conclusion, for the person(s) indicated by the negotiator of the
Agreement.
Article 3
1.           Pending its entry into force, in accordance with Article 465 of the Agreement and subject to the
notifications provided for therein, the following parts of the Agreement shall
be applied provisionally between the Union and the Republic of Moldova:
–              
Article 1; 
–              
Title I; 
–              
Title II; 
–              
Title III: Articles 12-18; 
–              
Title IV: Chapters 1, 3, 5, 9, 12, 13, Chapter 14
(with the exception of Article 77(ninth indent)), Chapters 15, 16, 17, 26, and 28,
as well as Articles 37, 46, 57, 102 and 116;
–              
Title V;
–              
Title VI;
–              
Title VII: with the exception of Article 456(1),
to the extent that the provisions of this Title are limited to the purpose of
ensuring the provisional application of this Agreement as defined in this
paragraph; 
–              
Annexes I to XIII, Annexes XV to XXXIV, XXXV as
well as the Protocols I to IV.
2.           The date from which the Agreement
will be provisionally applied will be published in the Official Journal of
the European Union by the Council General Secretariat.
Article 4
For the purposes of
Article 306 of the Agreement, modifications of the Agreement through decisions
of the Sub-Committee on Geographical Indications shall be approved by the
Commission on behalf of the Union. Where interested parties cannot reach
agreement following objections relating to a geographical indication, the
Commission shall adopt such a position on the basis of the procedure laid down
in Article 57(2) of Regulation (EU) No 1151/2012 of the European Parliament and
of the Council of 21 November 2012 on quality schemes for agricultural products
and foodstuffs[1].

Article 5
1. A name protected
under Sub-Section 3 “Geographical Indications” of Chapter 9 of Title V of the
Agreement may be used by any operator marketing agricultural products,
foodstuffs, wines, aromatised wines or spirits conforming to the corresponding
specification.
2. In accordance with
Article 301 of the Agreement, the Member States and the institutions of the Union shall enforce the protection provided for in Articles 297 to 300 of the Agreement,
including at the request of an interested party.
Article 6
This Agreement shall
not be construed as conferring rights or imposing obligations which can be
directly invoked before Union or Member State courts and tribunals.
Article 7
This Decision shall
enter into force on the day following that of its adoption.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 343 14.12.2012, p.1