CELEX: 51995PC0244(02)
Language: en
Date: 1995-06-07
Title: 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

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
 ---pagebreak---  ---pagebreak---                                 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
 ---pagebreak---                                         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
 ---pagebreak---                                         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,
                                                      (•-
 ---pagebreak---                                      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
 ---pagebreak---                                               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.
 ---pagebreak---                                       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
 ---pagebreak---                                         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
 ---pagebreak---      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 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\
 ---pagebreak---   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.
 ---pagebreak---            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 /
 ---pagebreak--- 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.
                                                                                                              #
 ---pagebreak---                                                    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
 ---pagebreak---                                              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*-
 ---pagebreak---       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~
 ---pagebreak---      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-
 ---pagebreak---                 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.
                                                                                                          < #
 ---pagebreak---                                                        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'
 ---pagebreak---                                                   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 j 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
 ---pagebreak---                                                 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
 ---pagebreak---                                             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 derogatefromthe provisions of Article 6.
Annex HI       Intellectual, industrial and commercial property (Article 17)
Protocol on mutual assistance in customs matters.
                                                  13
 ---pagebreak---                                                   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
 ---pagebreak---                                                   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
 ---pagebreak---                                                    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
 ---pagebreak---               PROTOCOL
        ON MUTUAL ASSISTANCE
  BETWEEN ADMINISTRATIVE AUTHORITIES
         IN CUSTOMS MATTERS
U
                  17
                                     J-
 ---pagebreak---                                                         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
 ---pagebreak---       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.
                                                                                                                 <$f
w                                                        19
 ---pagebreak---                                                   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
 ---pagebreak---                                                        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.
\vj>
                                                            21
                                                                                                                     * #
 ---pagebreak--- 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*
 ---pagebreak---                                                  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-
 ---pagebreak---                      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                                                                                                 **
 ---pagebreak---                             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
 ---pagebreak---                      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
 ---pagebreak---                       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
 ---pagebreak---     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
                                                                                                         /
 ---pagebreak---                                                                     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