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The Association Agreement Between The European Union And The European Atomic Energy Community And Their Member States, Of The One Part, And Ukraine, Of The Other Part

Original Language Title: Par Asociācijas nolīgumu starp Eiropas Savienību un Eiropas Atomenerģijas kopienu un to dalībvalstīm, no vienas puses, un Ukrainu, no otras puses

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The Saeima has adopted and the President promulgated the following laws: for an association agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part 1, article. 2014 and 2014 21 March 27 June in Brussels signed the association agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (hereinafter referred to as the agreement), this law is adopted and approved. 2. article. Fulfilment of the obligations provided for in the agreement are coordinated by the Ministry of Foreign Affairs. 3. article. The agreement shall enter into force on its 486. within the time limit laid down in the article and in order, and the Ministry of Foreign Affairs shall notify the official Edition of the "journal". 4. article. The law shall enter into force on the day following its promulgation. To put the agreement by law Latvian language. The Parliament adopted the law in 2014 on 14 July. The President a. Smith in Riga 2014 July 18, the association agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part of the PREAMBLE to the Kingdom of Belgium, Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg , Hungary, Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, of the Treaty on European Union and the Treaty on the functioning of the European Union the Contracting Parties, hereinafter referred to as the "Member States", the European Union, hereinafter referred to as "Union" or "EU", and the European Atomic Energy Community (hereinafter referred to as ' EURATOM '), of the one part, and Ukraine of the other part, hereinafter referred to as "parties", Given the close historical relationship and ever closer links between the parties, as well as the desire to strengthen and expand relations in an ambitious and innovative way, pledging to build a close and lasting relationship based on shared values, namely, democratic principles, the rule of law, good governance, human rights and fundamental freedoms, including the rights of persons belonging to minorities, persons belonging to the minority of non-discrimination and respect for diversity, human dignity and commitment to free-market economic principles that could ease Ukraine's membership of the European Union, acknowledging that Ukraine as a European country has a shared history and common values of the European Union (EU) Member States and it is determined to promote these values, indicating the importance granted to Ukraine its identity, in view of the strong public support for the Ukrainian national selection for the good of Europe, reaffirming that the Union welcomes Ukraine's efforts to integrate into Europe and its choice in favour of Europe , including the commitment to create a genuine and sustainable democracy and market economy, acknowledging that the common values on which the European Union is based, namely, democracy, respect for human rights and fundamental freedoms and the rule of law, are also essential components of the agreement, acknowledging that Ukraine and the European Union's political ties and economic integration will depend on the progress of implementation of this agreement, as well as how Ukraine will ensure adherence to shared values and convergence with EU policies , economics and law, committing to implement all the principles and provisions contained in the Charter of the United Nations, the Organization for security and cooperation in Europe (OSCE) documents, especially the 1975 Conference on security and cooperation in Europe Helsinki Final Act, the Madrid and Vienna conferences, respectively in 1991 and in 1992, adopted a final document, the Charter of Paris for a new Europe, the United Nations ' 1948 Universal Declaration of human rights and the Council of Europe in 1950 of the Convention for the protection of human rights and fundamental freedoms , Desiring to strengthen international peace and security, as well as to engage in effective multilateral relations and the peaceful settlement of disputes, in particular closer cooperation to this end in the United Nations (UN), the OSCE and the Council of Europe, pledging to promote the independence, sovereignty, territorial integrity and inviolability of borders, desiring to achieve increasingly closer convergence of the positions both parties on important bilateral, regional and international issues, taking into account the European Union's common foreign and security policy (CFSP) , including the common security and defence policy (CSDP), committing the parties to reaffirm international commitments to the fight against the proliferation of weapons of mass destruction and their means of delivery and to cooperate in disarmament and control, wishing to push forward reform and rapprochement process in Ukraine, thus contributing to the gradual economic integration and deepening of political ties, convinced that Ukraine should implement political, socio-economic, legal and institutional reforms necessary for the effective implementation of this agreement, and determined to steadfastly support this reform in the Ukraine, wishing to achieve economic integration, inter alia through deep and comprehensive free trade area, which is an integral part of this agreement, subject to the rights and obligations resulting from the party's membership in the World Trade Organization, and bringing the framework, recognizing that such a deep and comprehensive free trade area, linking it to the legislative approximation process more improve the further economic integration of the European Union's internal market, as provided for in this agreement, pledging to lead to economic relations, promoting a new atmosphere between the parties, and mainly, to develop trade and investment and to stimulate competition, which is especially important for the reorganisation and modernisation of the economy, pledging to enhance cooperation in the field of energy on the basis of the parties ' commitment to the Energy Charter Treaty of the community, pledging to promote the security of energy supply, promote the appropriate infrastructure and increase market integration and regulatory pietuvināšano the main elements of the EU acquis improve energy efficiency and renewable energy sources, as well as to achieve a high level of nuclear safety and nuclear safety, committing to engage in enhanced dialogue, based on solidarity, mutual trust, shared responsibility and partnership, and enhance cooperation on migration, asylum and border management issues, coordinated manner in addressing the issue of legal migration and cooperation to tackle illegal immigration and human trafficking issues and to ensure the effective implementation of readmission agreements, recognizing how important is the relevant period to introduce visa-free travel regime for nationals of Ukraine, provided that the conditions for well managed and secure mobility, pledging to combat organised crime and money laundering, to reduce illicit drug supply and demand and to improve cooperation in the fight against terrorism, pledging to promote cooperation in the field of environmental protection and respect of sustainable development and environment friendly economic principles , Desiring to improve the direct personal contacts between people, committing to promoting cross-border and regional cooperation, pledging to gradually bring the legislation of the Ukraine Union law pursuant to this agreement, and the effective implementation of this agreement, TAKE into account that this agreement will be without prejudice and will not affect the relations of the EU and Ukraine's future development, affirming that the provisions of this agreement, which is part of part three of the Treaty on the functioning of the European Union in the field of title V is the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Union, unless the European Union together with the United Kingdom and Ireland do not have joint or declared for Ukraine, the United Kingdom or Ireland is bound by the rules as part of the European Union in accordance with the Treaty on European Union and to the Treaty on the functioning of the European Union added 21. Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom , security and justice. If the United Kingdom and/or Ireland is no longer bound by provisions as part of the European Union in accordance with article 21 Article 4 (a) of the Protocol, or under 36. Annexed to the Protocol on the transitional provisions of article 10, by the European Union with the United Kingdom and/or Ireland immediately inform Ukraine of any changes in their position, and in this case, those provisions of the agreement is still binding on each individual. The same applies to Denmark, in accordance with 22. Protocol on the position of Denmark, annexed to the said Treaty, have agreed as follows article 1 objectives 1. Association is hereby established between the Union and its Member States, of the one part, and Ukraine, of the other part. 2. the objectives of this Association are the following: (a) to promote the progressive Parties) approximation, based on shared values and close, privileged links, and increase the involvement of Ukraine in EU policies and programmes and agencies participation; (b)) to provide adequate framework for enhanced political dialogue on all areas of mutual interest; (c) to promote, preserve and) to strengthen peace and stability in the regional and international levels in accordance with the Charter of the United Nations and the 1975 Conference on security and cooperation in Europe Helsinki Final Act and the 1990 Charter of Paris for a new Europe; (d) to create conditions for increased) economic and trade relations, which lead to the gradual integration of Ukraine in the EU internal market, including creating a deep and comprehensive free trade areas, as laid down in title IV of the agreement (trade and trade-related matters), and to support Ukraine's efforts to complete the transition to a functioning market economy, inter alia by bringing its progressive legislation in the Union's legislation; e) to promote cooperation in the area of Justice, freedom and security, to strengthen the rule of law and respect for human rights and fundamental freedoms; f) create the conditions still closer cooperation in other areas of mutual interest. Title I General principles article 2 of this agreement, the essential components of the internal and external parties and is based on the principle of the rule of law and the principles of democracy, respect for human rights and fundamental freedoms as defined in the 1975 Conference on security and cooperation in Europe Helsinki Final Act and the 1990 Charter of Paris for a new Europe, and in other relevant legislation on human rights, including the UN human rights Declaration and the European Convention for the protection of human rights and fundamental freedoms. Sovereignty and territorial integrity, the inviolability of borders and the principle of independence and promoting the fight against weapons of mass destruction and related materials and their means of delivery are also integral parts of this agreement. Article 3 the parties recognize that their relationship is based on free-market economic principles. The rule of law, good governance, the fight against corruption, the fight against international organised crime and terrorism in different manifestations, the promotion of sustainable growth and effective multilateral relations are particularly important factors in promoting the relations between the parties. Title II political dialogue and REFORM, a political association, COOPERATION and convergence of foreign and security policy article 4 objective of the political dialogue between the parties 1. further develop and strengthen the political dialogue in all areas of mutual interest. It will promote the gradual convergence of the Foreign Affairs and security matters with the goal of increasing to involve Ukraine in the European security area. 2. the objective of the political dialogue is as follows: (a) deepen political association) and increase political and security policy convergence and efficiency; (b)) to promote international stability and security, on the basis of effective multilateral relations; (c)) to strengthen cooperation and dialogue between the parties on international security and crisis management in particular, to address global and regional challenges and key threats; (d)) to facilitate results-oriented and practical cooperation between the parties in order to achieve peace, security and stability of the European continent; (e)) to strengthen the principles of democracy, the rule of law and good governance, human rights and fundamental freedoms, including the rights of minorities, persons belonging to the minority of non-discrimination and respect for diversity and to support the consolidation of internal political reforms; (f) develop dialogue and) deepen the cooperation between the parties in the field of safety and protection; g) to promote the independence, sovereignty, territorial integrity and inviolability of borders. 5. Article 1 of the political dialogue process. the parties will hold regular political dialogue meetings at the highest level. 2. At ministerial level, political dialogue shall take place by mutual agreement, the agreement referred to in article 460. Association Council and representatives of regular meetings at the level of Foreign Ministers. 3. political dialogue taking place in the following manner: (a)) regular meetings of political directors, the political and Security Committee and expert level, including on specific regions and issues between representatives of the European Union on the one hand, and representatives of Ukraine, of the other part; (b)) all the diplomatic and military channels between the parties including appropriate communication in third countries and in the United Nations, the OSCE and other international fora complete and timely; (c) regular meetings of the parties) of the military authorities and senior officials at the level of experts; d) in any other way, including expert-level meetings, which could help to improve and consolidate this dialogue. 4. the parties, by mutual agreement, establish other procedures and mechanisms for political dialogue, including emergency consultations. 5. the parliamentary level political dialogue taking place in the Parliamentary Association Committee referred to in article 467 of this agreement. Article 6 dialogue and cooperation on matters of internal reform, the Parties shall cooperate to ensure that their domestic policies are based on both sides of common principles, in particular the stability and effectiveness of democratic institutions and the rule of law, respect for human rights and fundamental freedoms, in particular as referred to in article 14 of this agreement. Article 7: foreign and security policy (1) Parties shall step up their dialogue and cooperation and promote the gradual convergence of foreign and security policy, including common security and defence policy (CSDP), and in particular focus on conflict prevention and crisis management, regional stability, disarmament, non-proliferation, arms control and arms export control issues, as well as enhanced mutually beneficial dialogue space. Cooperation will be based on shared values and mutual interests, its purpose is to increase the effectiveness and efficiency of policy convergence and promote common political planning. The parties used bilateral, international and regional forums. 2. in Ukraine, the EU and the Member States reaffirm their commitment to respect the independence, sovereignty, territorial integrity and inviolability of borders, as set out in the UN Charter and the 1975 Conference on security and cooperation in Europe Helsinki Final Act, and promote these principles in bilateral and multilateral relations. 3. the Parties shall, in a timely and coordinated manner addressing problems related to these principles in all relevant levels of the political dialogue provided for in the agreement, including the ministerial level. Article 8 International Criminal Court the Parties shall cooperate to promote peace and the international rule of law, the ratification and implementation of the 1998 Rome Statute of the International Criminal Court and its related instruments. Article 9 regional stability 1. Parties shall step up their joint efforts to promote stability, security and democratic growth in the common neighbourhood, in particular, to work together on the peaceful settlement of regional conflicts. 2. These efforts follow the same principles of international peace and security, as set out in the UN Charter, the 1975 Conference on security and cooperation in Europe Helsinki Final Act and other relevant multilateral documents. 10. Article conflict prevention, crisis management and cooperation in the field of military technology 1. The Parties shall reinforce practical cooperation in conflict prevention and crisis management, in particular with a view to increasing the participation of Ukraine in the EU-led civil and military crisis management operations, as well as relevant practical exercises and training events, including those that occur in the common security and defence policy (CSDP). 2. cooperation in this area shall be based on the conditions and arrangements between the EU and Ukraine for consultations and cooperation in the field of crisis management. 3. the Parties shall explore the military and technological cooperation. Ukraine and the European Defence Agency (EDA) establish close contacts to discuss military capability improvements, including technology issues. Article 11 weapons of mass destruction 1. the parties consider that the proliferation of weapons of mass destruction, related materials and their means of delivery and distribution of States and non-State actors is one of the most serious threats to international stability and security. The parties therefore agree to cooperate and to contribute to the fight against weapons of mass destruction, related materials and their means of delivery, and fully respecting their countries in fulfilling its existing obligations under international disarmament and non-proliferation treaties and agreements, as well as other relevant international obligations. The parties agree that this provision constitutes an essential component of this agreement. 2. the parties also agree to cooperate in the fight against weapons of mass destruction, related materials and their means of delivery and to contribute in the following ways: (a)) by taking steps to sign or to ratify all international instruments in this regard, or to join the case, as well as to implement them in full; (b) further improving the national export) control system, to ensure effective control of mass destruction weapons-related exports and transit goods, including control over dual-use technology and product end use and effective penalties for export control violations. 3. the parties agree to establish a regular political dialogue that will accompany and consolidate these elements. Article 12 the disarmament, arms control, arms export control and the fight against the illegal trade in weapons, the Parties shall develop cooperation in the future in the field of disarmament, including the excessive small arms and light weapons in inventory reduction and the issue of abandoned and unexploded ordnance affect on people and the environment, as referred to in title V of this agreement, section 6 (environment). Cooperation in the field of disarmament also include arms control, arms export control and the fight against the illegal trafficking of weapons, including small arms and light weapons. The Parties shall encourage the relevant international General adherence to the law, and their purpose is to ensure the effectiveness of the legislation, including the implementation of the relevant United Nations resolutions. Article 13 the fight against terrorism, the parties agree to work together on a bilateral, regional and international levels, to prevent and combat terrorism, in accordance with international law, international human rights standards and refugee and humanitarian law. Title III of the JUSTICE, freedom and security article 14 rule of law and respect for human rights and fundamental freedoms in cooperation of the justice, freedom and security, the parties pay particular attention to the strengthening of the rule of law, the strengthening of institutions at all levels of governance in General and in particular in the field of law enforcement and legal proceedings. The objective of cooperation will be strengthened, in particular for the judiciary, improve its efficiency, to protect its independence and impartiality and to combat corruption. Human rights and fundamental freedoms of all caurstrāvo cooperation on justice, freedom and security. Article 15 protection of personal data the parties agree to cooperate to ensure the proper level of protection of personal data in accordance with the highest European and international standards, including the relevant instruments of the Council of Europe. Cooperation in the field of protection of personal data may include, inter alia, the exchange of information and experts. Article 16 cooperation on migration, asylum and border management area 1. the parties reaffirm the importance of the joint management of migration flows between the two areas, and continue to develop a comprehensive dialogue on all migration-related issues, including illegal migration, illegal migration, smuggling and trafficking, as well as to incorporate migration-related issues of national strategies regarding the area of origin of migrants to the economic and social development. This dialogue is based on solidarity, mutual trust, shared responsibility and the partnership principle. 2. In accordance with the relevant applicable EU and national legislation, in particular, cooperation will focus on: (a) the root causes of migration), actively using the cooperation in this area with third countries and in international fora; (b) effective and dissuasive) common policy against illegal immigration, smuggling of migrants and trafficking in human beings, including to find ways to combat human smugglers and traffickers networks and protect the victims of such trafficking; c) comprehensive dialogue on asylum issues and in particular on matters related to the United Nations 1951 Convention on the status of refugees and the 1967 Protocol relating to the status of refugees and other relevant international documents, as well as practical implementation in order to ensure compliance with the principle of non-refoulement; (d) rules on the admission,) take the rights and status of the person, and the fair treatment of legally resident nationals of other countries and their integration; (e) operational measures) further development in the area of border management: i) cooperation in the field of border management among others may include training, exchange of best practice, including aspects of technology, the exchange of information in accordance with the applicable rules and, where applicable, the exchange of liaison magistrates, (ii)) the parties ' efforts in this area will focus on integrated border management the effective implementation of the principle; f) safety; g) effective return policy, including its regional dimension; and (h)) exchange of views on the informal employment of migrants. Article 17 the attitude towards employees 1. According to the EU Member States and applicable laws, conditions and procedures in relation to workers who are nationals of Ukraine and lawfully employed in the territory of a Member State is prohibited any discrimination on the grounds of nationality as regards working conditions, remuneration or dismissal, compared with nationals of the Member States concerned. 2. Ukraine shall, consistent with their laws, conditions and procedures applicable in paragraph 1 of this article, that the attitude of those employees who are nationals of a Member State and legally employed in its territory. Article 18 of the Workers movement 1. taking into account the labour market situation in the Member States, according to the law and, subject to the Member States and the EU rules in force in the labour movement: a) the current options, with which the Member States shall ensure that the staff of the Ukraine's access to the labour market should be maintained and improved, (b)) other Member States consider the possibility of concluding similar agreements. 2. the Association Council shall examine the possibility of other better rules for additional areas, including access to vocational training, in accordance with the Member States and the EU legislation in force, conditions and procedures and taking into account the situation of Member States and of the EU labour market. 19. Article 1 of movement of persons, Parties shall ensure that: (a) are fully implemented) 18 June 2007 the agreement between the European Community and Ukraine on readmission of persons (with the help of the joint readmission Committee established by article 15 it); (b)) 18 June 2007 the agreement between the European Community and Ukraine on the facilitation of issuance of visas (with the agreement of the Joint Committee the Board established in its article 12). 2. the Parties shall endeavour to promote the mobility of the population and to achieve a dialogue on visa issues for further development. 3. the Parties shall take steps to progressively given time approaching the visa waiver, if well managed and secure mobility requirements for the two-phase plan for visa liberalisation, which presented the EU-Ukraine Summit in 2010 on November 22. Article 20 money laundering and terrorism financing, the parties are working together to prevent and combat money laundering and the financing of terrorism. To this end, the Parties shall enhance bilateral and international cooperation in this area, including at the operational level. The Parties shall ensure that the implementation of the relevant international standards, in particular the financial action task force standards and standards equivalent to those adopted by the EU. Article 21 cooperation in the fight against illicit narcotic substances and precursors and psychotropic substances 1. The Parties shall cooperate in matters of illegal narcotic substances, on the basis of the generally accepted principles in accordance with the relevant international conventions and taking into account the political declaration and the Declaration on the guiding principles of the specific of drug demand reduction, which was approved in June 1998, the United Nations General Assembly special session on 20 drugs. 2. This cooperation aimed at combating illegal narcotic drugs, reducing the supply, trafficking and demand for illegal drugs and to address the drug-related health problems and social consequences. Its purpose is also effective to prevent the diversion of chemical precursors in the illicit manufacture of narcotic drugs and psychotropic substances. 3. the Parties shall use the necessary methods of cooperation to attain these objectives, providing a balanced and integrated approach to these issues. Article 22 the fight against crime and corruption 1. the Parties shall cooperate to combat and prevent organized or other criminal and illegal activities. 2. This cooperation shall in particular address the following issues: (a)) people, as well as firearms and illegal drugs trafficking and trade; (b) goods smuggling); (c) economic crime including) in the field of taxation; d) corruption in both the private and the public sector; e) counterfeiting; f) cybercrime. 3. The Parties shall reinforce bilateral, regional and international cooperation, including cooperation in this area, including Europol. Among other party deepens cooperation with respect to: (a)), including exchange of best practice on investigative techniques and crime; b) Exchange information in accordance with the applicable rules; (c) capacity expansion, including) training and staff exchanges, where appropriate; (d) questions of witnesses and) the protection of victims. 4. the parties undertake to implement effectively the United Nations Convention of 2000 against transnational organised crime and its three protocols, the UN Convention against corruption, 2003 and other relevant international documents. Article 23 cooperation the fight against terrorism 1. the parties agree to cooperate to prevent and suppress acts of terrorism in accordance with international law, international human rights, refugee law and humanitarian law and the relevant rules and regulations of the parties. In particular, the parties agree to cooperate on the basis of UN Security Council resolution No 2001.1373, UN 2006. The overall strategy for the fight against terrorism and other relevant United Nations documents and the applicable international conventions and documents. 2. In particular, this happens when exchanging: (a)) information on terrorist groups and their support networks; b) experience and information on terrorism trends and on the means and methods to combat terrorism, including in technical fields and training; and (c) prevention of terrorism) experience. All Exchange of information shall take place in accordance with international and national law. 24. Article 1 of the legal cooperation the parties agree to develop judicial cooperation in civil and criminal matters, full use of the relevant international and bilateral documents and on the basis of the principles of legal certainty and the right to a fair trial. 2. the parties agree to further improve EU-Ukraine judicial cooperation in civil matters, on the basis of multilaterally applicable legislation, in particular the Hague Conference on private international law conventions and the international judicial proceedings, as well as in the field of child protection. 3. as regards judicial cooperation in criminal matters, the parties will seek to improve mutual legal assistance and extradition procedures. It would also be appropriate to join and implement the relevant international organizations of the United Nations and the Council of Europe instruments as well as the 1998 Rome Statute of the International Criminal Court, as referred to in article 8 of this agreement, as well as closer cooperation with Eurojust. Title IV trade and trade-related matters Chapter 1 national treatment and market access of goods section 1 common provisions article 25 goal during a transitional period not exceeding 10 years from the date of entry into force of this nolīgums1, in accordance with the provisions of this agreement and pursuant to the General Agreement on tariffs and Trade 1994 (GATT 1994) Article XXIV, the Parties shall gradually establish a free trade area. Article 26 scope and scope this title shall apply to trade with the precēm2, which originated in the territory of either party. 2. for the purposes of this chapter, "originating" means qualifying under the rules of origin laid down in Protocol I of the agreement (On the concept of "originating products" and methods of administrative cooperation). section 2 customs duties, fees and other charges abolition article 27 customs duty in this chapter, the term "customs duty" includes all taxes or charges of any kind imposed on imports or exports, or in connection with it, including all kinds of additional or premium levied such imports or exports, or in connection with it. Customs duty does not include: (a) which is equivalent to) the internal tax applicable pursuant to article 32 of this agreement; b) levies, applied under Title IV of the agreement chapter 2 (trade defence instruments); (c)) or other charges applied under article 33 of this agreement. Article 28 classification Goods of the classification of goods in trade between the parties is set out in each party's respective tariff nomenclature under the 1983 International Convention on the harmonized commodity description and coding system the harmonized system specified ("HS") and its subsequent amendments. Article 29 repeal of import duties 1. each Party shall reduce or remove customs duties on the other originating goods in accordance with the lists contained in annex I to this agreement (A) (hereinafter list). Without prejudice to the first subparagraph, worn clothing and other textile products used, subject to the customs code of Ukraine, Ukraine 6309 00 00 abolish import duties in accordance with the conditions laid down in annex I, part B. 2. All the goods the customs tax rate, which is then reduced in accordance with paragraph 1 of this article are set out in annex I to this agreement. 3. If at any time after the date of entry into force of this agreement a party reduces its applied most-favoured-nation (hereinafter-VL ") the rate of customs duty, this rate shall apply as if the standard rate and as long as it is below the rate of customs duty calculated in accordance with that party's list. 4. Five years after the entry into force of this agreement, at the request of either party, the Parties shall consult each other to consider accelerating the Elimination of customs duties and to extend its scope to trade between the parties. The decision by the Association Committee shall take its Trade Committee in accordance with article 465 of the agreement (also referred to as the Trade Committee), on the abolition of customs duties or the acceleration of the item replaced the abolition of tax rate or classification category, the item concerned in accordance with the lists. Article 30 of the new parties could not increase the existing customs duty, or impose new customs duties on goods that originated in the territory of the other party. This does not exclude the possibility that the parties may: (a) customs duties unilaterally) after the reduction to increase it up to the level defined for the lists; or (b)) to maintain or increase a customs duty if it is authorized by the World Trade Organization (WTO) dispute settlement body (hereinafter referred to as DI). Article 31 export duties 1. the Parties shall not adopt or not maintaining the customs taxes, duties or other measures with equivalent effect imposed on the export of goods or in connection with the export of goods on the territory of the other party. 2. Existing customs duties or charges having equivalent effect applicable to Ukraine and the agreement listed in annex I, part C, abolished during the transitional period in accordance with the list attached to this agreement in part C of annex I. If the Ukrainian customs codes updated obligations under this agreement in part C of annex I, the list remains in force, on the basis of the description of the goods in the match. Ukraine may introduce protective measures in export duties, as defined in annex I to this agreement, D. The following precautionary measures no longer apply, the expiry of which the relevant item of this agreement specified in part D of annex I. 32. Article export subsidies and measures with equivalent effect 1. after the entry into force of this agreement, the Parties shall not maintain or restore, export subsidies or other measures with equivalent effect agricultural goods which are transported in the territory of the other party. 2. for the purposes of this article, "export subsidies" understands the meaning assigned to that term in the agreement on agriculture, article 1 (e)), annexed to the WTO agreement in the annex 1A (hereinafter referred to as the "agreement on Agriculture"), including any amendments to the said article, made in the agreement on agriculture. 33. Article charges and other fees each Party shall ensure that, in accordance with article VIII of GATT 1994 and the explanation of its interpretation of all fees and charges regardless of their merits, this agreement referred to in article 27, customs duties or measures and of goods for import or export, or in connection with it, shall not be more than the approximate cost of the services provided and not developing into domestic goods or with indirect fiscal needs justify the taxation of imports or exports. section 3 non-tariff measures article 34 national treatment each Party determines national treatment to the goods of the other party in accordance with article III of the GATT 1994, including an explanation of its interpretation. In the context of this article III of the GATT 1994 and the explanation of its interpretation is included in this agreement and become an integral part of it. 35. Article Import and export restrictions hand does not accept or does not leave the force any prohibitions or restrictions or measures having equivalent effect applicable on the other hand, any importation of goods, or the sale of goods for export or for export to the territory of the other party, unless this agreement provides otherwise, or in accordance with article XI of the GATT 1994 and the explanation of its interpretation. In the context of this article XI of the GATT 1994 and the explanation of its interpretation is included in this agreement and become an integral part of it. section 4 special provisions for goods article 36 General exceptions nothing in this Agreement shall be construed in such a way that it will prevent a party from adopting or applying measures under the GATT 1994 article XX and XXI, and explanation of their interpretation that this is included in this agreement and become its components. section 5 administrative cooperation and coordination with other countries, article 37 special provisions on administrative cooperation 1. The parties agree that administrative cooperation is essential under this chapter are granted preferential tariff treatment and control, and for the implementation of its commitment to combat irregularities and fraud in customs matters in relation to the import, export, transit of goods and their placing under any other customs regime or procedure, including prohibitive, restrictive and control measures. 2. If a party to the objective, documented basic information finds the lack of administrative cooperation and/or of irregularities or fraud under this chapter, on the other hand, the party concerned may temporarily suspend the relevant preferential treatment of the product (s) concerned in accordance with this article. 3. for the purposes of this article, the lack of administrative cooperation, the Customs examining irregularities or fraud, among other means: (a) a repeated failure to perform) the obligation to check the product concerned or the originating status of the product; (b)) a waiver or undue delay to carry out proof of origin for further checks and/or notify the following check results; (c) a repeated refusal or) unjustified delay in giving permission for administrative cooperation operations to check with the relevant preferential treatment of the associated document or the accuracy of authenticity of the information. In this article, irregularity or fraud can be found, inter alia, if no satisfactory explanation is growing rapidly, imports of goods exceeding the usual other level of production and export capacity, and it is related to objective information concerning irregularities or fraud. 4. Temporary suspension shall apply subject to the following conditions: (a) a party to the objective) information is a basic lack of administrative cooperation is found and/or irregularities or fraud resulting from the other party, shall immediately notify the Trade Committee to its findings together with the objective information, and initiate discussions with the Trade Committee, on the basis of all relevant information and objective findings, with a view to achieving a solution acceptable to both parties. The above consultation, the products concerned shall apply the preferential arrangements; (b) where the parties have begun) consultations in the Committee on trade as referred to in subparagraph (a)) and have been unable to agree on an acceptable solution within three months from the first meeting of the Trade Committee, the party concerned may temporarily suspend the preferential treatment of the product (s) concerned. Such temporary suspensions shall be notified immediately to the Committee on trade; (c)) laid down in this article is the temporary suspension shall not exceed what is necessary to affected parties for the protection of financial interests. Each temporary suspension shall not exceed six months. However, the provisional suspension may be restored. Temporary suspension immediately after making the Trade Committee. The Trade Committee on consultations periodically in particular with the objectives as quickly as possible to stop the suspension cease to exist as soon as the conditions for its application. 5. Simultaneously with the notification to the Trade Committee, in accordance with this article 4, point a (a)), the party concerned may, in the official information sources should publish a notice to importers. The notice to importers should indicate for the product concerned, on the basis of objective information, have found the lack of administrative cooperation and/or irregularities or fraud. 38. Article action administrative error in case the competent authorities shall authorise the export errors under management of the preferential system, and in particular the provisions of the Protocol to this agreement regarding the application of the specific definition of originating products and methods of administrative cooperation, and this error leads to consequences in relation to import duties, the party facing such consequences may request the Trade Committee shall examine the possibility of adopting all appropriate measures with a view to resolving the situation. 39. Article agreements with other countries 1. this Agreement shall not preclude the maintenance or establishment of customs unions, free trade areas or arrangements for frontier traffic, unless this is contrary to this agreement, the trade arrangements laid down. 2. the Trade Committee, the Parties shall consult on agreements establishing customs unions, free trade areas or arrangements for frontier traffic modes, and, upon request, on other major issues related to their respective trade policy with third countries. In particular in the event of a third country acceding to the European Union, such consultations shall take place so as to ensure that will be taken into account in the EU under this agreement and the mutual interests of Ukraine. Chapter 2 TRADE remedies section 1 global safeguard measures article 40 General provisions 1. The parties confirm their rights and obligations under article XIX of the GATT 1994 and the agreement on safeguard measures contained in annex 1A of the WTO Agreement (hereinafter referred to as the agreement on safeguard measures). EU party retains its rights and obligations under the agreement on agriculture, article 5 contained in annex 1A of the WTO Agreement (hereinafter referred to as the Agreement on Agriculture), except for trade in agricultural products subject to preferential treatment under the agreement. 2. Preferential rules of origin, provided for in title IV of the agreement chapter 1 (national treatment and market access of goods), does not apply to this section. 41. Article 1 of the transparency, the party which started the investigation measures, notify the other party by sending official notification, if the latter half is an essential economic interest. 2. for the purposes of this article believes that a party has a substantial economic interest, if it is one of the five largest suppliers of the imported products in the last three years, when measuring the absolute amount or value. 3. Notwithstanding article 40 of this agreement and without prejudice to the agreement on safeguard measures 3.2. Article, at the request of either party, a party that started the investigation of measures and plans to apply safeguard measures, it shall immediately provide ad hoc written notification with all relevant information, which led to the initiation of the safeguard measures and the application of protective measures, including, where applicable, the preliminary results of the investigation and the definitive findings of the investigation as well as offering the opportunity to the other party for consultations. 42. Article 1 of the imposition of measures on the application of the safeguard measures, the Parties shall endeavour to apply them in a way that least affects the bilateral trade. 2. the first paragraph of this article, if a party considers that the legal requirements of the final application of the safeguard measures, the party plans to the application of such measures, notify the other party and give it the opportunity to hold bilateral consultations. If, within 30 days from the date of notification not found a satisfactory solution, the importing party may adopt the appropriate measures for resolving the problem. 43. Article developing country Such as Ukraine qualifies as a developing valsts3 agreement on protection measures for the purposes of article 9, the EU side it not apply safeguards if the agreement referred to in article 9 a condition. section 2 measures of protection for passenger cars article 44 protection measures for passenger cars 1. Ukraine may apply safeguard measures, higher import duties, in the form of specific EU parties izcelsmes4 for passenger cars with a number of tariff headings 8703 (hereinafter referred to as the product) as defined in article 45 of this agreement in accordance with the provisions of this section, if all the following conditions are satisfied: (a) If, after the) under this agreement apply the customs duty has been reduced or cancelled the product is imported into the territory of Ukraine in the increase amount, which is determined in absolute terms or relative to domestic production, and under such conditions that the serious injury to the domestic industry producing like products; (b) the total of the product concerned) if the volume of imports (units) 5 in any year exceeds the included in annex II of this agreement set out in the reference list; and (c)) of the product concerned overall where the volume of imports (units) 6 in Ukraine over the last 12 months period, which shall end no earlier than last month before Ukraine invited EU side to start consultations in accordance with paragraph 5 of this article, beyond Ukraine in annex II list the specific percentage limit for all new reģistrācijām7 in the Ukraine during the same period. 2. in paragraph 1 of this article, the tax does not exceed the lesser of the following rates: the prevailing tax rate or the appropriate VLA tax VL applied rate valid on the day before the entry into force of this agreement, or the rate set out in annex II to this agreement included in the lists of Ukraine. Tax may be applied only in the time remaining to the end of the year, as defined in annex II to this agreement. 3. Without prejudice to paragraph 2 of this article, the taxes that apply to Ukraine, in accordance with paragraph 1 of this article shall be determined according to annex II to this agreement, Ukraine in the list. 4. towards an existing product for which a delivery contract has been concluded before the application of the additional duty in accordance with paragraph 1 to paragraph 3, shall be exempt from any such additional duty. But such deliveries will be the product of the volume of imports of the following year, in order to comply with paragraph 1 of this article, the conditions for the current year. 5. All Ukraine apply protection measures in a transparent way. To this end, the Ukraine as soon as possible give notice in writing to the party for their own purposes in the EU to apply the following measures and provide all relevant information, including product imports (units) of the total any passenger cars originating in the volume of imports (units) and a new car registrations in Ukraine on this article, the period referred to in paragraph 1. Ukraine calls on the EU side to start consultations as soon as possible before the application of such a measure with the intention of discussing this information. The measure shall not be adopted sooner than 30 days after the consultation call. 6. Ukraine may apply safeguard measures only after the competent authorities have carried out investigations in accordance with the agreement on safeguards and article 3 article 4, paragraph 2 (c)), and to this end, the agreement on safeguards and article 3 article 4, paragraph 2 (c)) is included in this agreement and become an integral part of it mutatis mutandis. This investigation is to prove that, once under this agreement apply the customs duty has been reduced or canceled, the product is being imported into the territory of Ukraine in the increase amount, which is determined in absolute terms or relative to domestic production, and under such conditions that the serious injury to the domestic industry producing like products. 7. Ukraine shall inform without delay the EU half of paragraph 6 of this article describes the opening of the investigation. 8. in carrying out the investigation, Ukraine followed the agreement on safeguard measures article 4, paragraph 2 (a)) and (b)), and to this end, the agreement on safeguard measures article 4, paragraph 2 (a)) and (b)) is included in this agreement and become an integral part of it mutatis mutandis. 9. the relevant factors relating to the determination of injury the agreement on safeguard measures article 4, paragraph 2 (a)) evaluated for at least three consecutive 12-month period, that is, for a total of at least three years. 10. In the course of the investigation, evaluate all the known factors, not just the increase in imports of preferential treatment under this agreement that, at the same time could cause injury to the domestic industry. The EU side originating products would increase the volume of imports is not considered a customs duty reduction or cancellation results when the same product imports from other sources also have grown similarly. 11. Ukraine shall inform in writing the EU and all other interested parties about the results of the investigation and reasonable conclusions in due time before the in point 5 of this article, these consultations with a view to review the resulting from the investigation of information and exchange of views on the measures proposed in the consultation. 12. Ukraine shall ensure that statistics on passenger cars, used as evidence of such measures is reliable, adequate and timely publicly available. Ukraine, without delay, provide monthly statistics on the volume of imports of the product (units) of the total volume of imports of passenger cars (units) from all sources and the passenger car new registrations in Ukraine. 13. Without prejudice to paragraph 1 of this article shall, during the transitional period referred to in paragraph (a)) and paragraph 6 to 11 shall not apply. 14. Ukraine not to apply safeguard measures in accordance with this section during the first year. Ukraine does not apply or maintain in force measures of protection in accordance with this section and do not continue the investigation in this respect after the fifteenth year. 15. The application of this article and can evaluate and revise Marketing Committee. 45. Article definition in this section and in annex II of this agreement: 1. "product" is only part of the origin of the EU passenger cars which fall within tariff heading 8703, in accordance with the rules of origin laid down in Protocol I of the agreement on the concept of "originating products" and methods of administrative cooperation; 2. the concept of "serious injury" shall have the meaning defined in the agreement on safeguard measures article 4, paragraph 1 (a)). For this purpose, the said article 4, paragraph 1 (a)) is included in this agreement and become an integral part of it mutatis mutandis; 3. "like product" means a product which is identical, i.e. alike in all respects to the product concerned, or, if the product is not, another product which, although not alike in all respects, has characteristics such that very reminiscent of the product concerned; 4. the "transitional period" means the period of 10 years from the date of entry into force of this agreement; the transitional period shall be extended for three years before the end of the tenth year Ukraine will have made a reasoned request for 465. this agreement referred to in Article Marketing Committee and Marketing Committee will be considering it; 5. "first year" means the period of 12 months from the date of entry into force of this agreement; 6. the "second year" means the period of 12 months from the entry into force of this agreement, 1. anniversary; 7. the "third year" means a period of 12 months from the entry into force of this agreement, 2. anniversary; 8. "fourth year" means a period of 12 months from the entry into force of this agreement, 3. anniversaries; 9. "fifth year" means a period of 12 months from the entry into force of this agreement, 4 anniversary; 10. "the sixth year" means a period of 12 months from the entry into force of this agreement, 5. anniversary; 11. "the seventh year" means a period of 12 months from the entry into force of this agreement, 6. anniversary; 12. "the eighth year" means the period of 12 months from the entry into force of this agreement, 7. anniversary; 13. "the ninth year" means a period of 12 months from the entry into force of this agreement, 8. anniversary; 14. "the tenth year" means a period of 12 months from the entry into force of this agreement, 9 anniversary; 15. "the eleventh annual" means the 12-month period from the entry into force of this agreement, 10th anniversary; 16. "the twelfth year" means a period of 12 months from the entry into force of this agreement, 11 anniversary; 17. "13th year" means the period of 12 months from the entry into force of this agreement, 12 anniversary; 18. "the fourteenth year" means a period of 12 months from the entry into force of this agreement, 13 anniversary; 19. "the fifteenth year" means a period of 12 months from the entry into force of this agreement, 14 anniversary. section 3 prohibition of CUMULATION in article 45A of the prohibition on Cumulation is not one of the parties in respect of one and the same product at the same time cannot be applied: a) the protective measures in accordance with section 2 of this chapter (protective measures for passenger cars) and (b)) in accordance with article XIX of the GATT 1994 and the agreement on safeguards. section 4 of the anti-dumping and countervailing measures article 46 General provisions 1. parties retain their rights and obligations under article VI of the GATT 1994, the WTO agreement in annex 1A of the agreement on implementation of article VI of GATT 1994 (hereinafter referred to as the anti-dumping agreement) and the WTO agreement in annex 1A of the agreement on subsidies and countervailing measures (hereinafter referred to as the SCM Agreement). 2. Preferential rules of origin, provided for in title IV of the agreement chapter 1 (national treatment and market access of goods), does not apply to this section. 47. Article 1 of the Transparency the parties agree that the anti-dumping and compensatory measures should be used in full compliance with the anti-dumping agreement and the SCM Agreement requirements, and they should be applied, on the basis of a fair and transparent system. 2. After the parties have received by the competent authority according to the designing of the anti-dumping applications on imports from the other party, and no later than 15 days before the start of the investigation, the party notifies the other party in writing of the receipt of the request. 3. Without prejudice to the anti-dumping agreement article 6 paragraph 5 of the SCM Agreement, and article 12, paragraph 4, the parties immediately after the imposition of provisional measures, if any, and certainly before the final decision provides a complete and sound information on all of the essential facts and considerations on the basis of which the decision to apply the measures. The information is provided in writing and give stakeholders sufficient time to submit comments. After you provide all relevant information, stakeholders assign at least 10 days for the submission of comments. 4. Provided that it does not need not hinder the investigation and in accordance with the party's internal legislation on procedures for investigation, each party is heard, so that it can express its views of anti-dumping or countervailing duty investigation. Article 48 of the public interest party cannot apply anti-dumping or countervailing measures, where, on the basis of the information disclosed in the course of the investigation, it can clearly be concluded that such measures are not in the public interest. In determining the public interest, based on an assessment of all the various interests as a whole, including the domestic industry interests, users, consumers and the interests of importers to the extent that they provide relevant information to the investigating authorities. Article 49 the lesser duty rule if the Party decides to impose a temporary or permanent anti-dumping or countervailing duty, the amount of such payment shall not exceed the margin of dumping or countervailing subsidies, but it should be less than the margin if such lesser duty is sufficient to eliminate the injury to the domestic industry. 50. Article and review the application of the measures 1. Parties may impose provisional anti-dumping or countervailing duties only if a provisional decision has shown that dumping or subsidies exist, detrimental to the domestic industry. 2. before the permanent anti-dumping or countervailing duty hand explore the possibility of applying constructive remedies, duly considering the specific circumstances of each case. Without prejudice to each party's domestic law the relevant provisions, the parties should take precedence over the price undertaking, to the extent that the parties have received adequate exporter offers and acceptance of this offer isn't considered impractical. 3. at the duly substantiated request of one of the exporters to revise anti-dumping or countervailing measures, the party applying the measure quickly, objectively and consider this request and, as soon as possible, notify the exporter of the examination results. section 5 article 50A of the consultation the consultation 1. Party at the request of the other party the opportunity to consult occurs last on specific issues that may arise in connection with the application of trade defence instruments. These issues may be related, but not limited to the dumping margin calculation methods, including the various adjustments, use of statistics, the development of imports, the determination of injury and the lesser duty rule. 2. Consultations shall take place as soon as possible and normally within 21 days of receipt of the request. 3. consultation takes place in accordance with this section, without prejudice to and in full compliance with this agreement and article 41.47. section 6 institutional provisions article 51 dialogue on trade remedies 1. the parties have agreed to establish a dialogue at the level of experts on trade remedies as a forum for cooperation on trade remedies. 2. the dialogue on trade remedies going in with the aim of: (a) to improve the knowledge of the parties) and understanding of each other's laws, policies and practices in the trade remedies; (b) to monitor the implementation of this chapter); (c)) to improve cooperation between their authorities responsible for issues related to trade remedies; (d)) to discuss international news sales; e) collaborate in relation to any other trade remedies issues. 3. the dialogue on trade defence instruments takes place in the ad hoc meetings at the request of either party. For each of these meetings the agenda jointly agreed beforehand. section 7 settlement of disputes article 52 settlement of disputes under This agreement, (IV) section 14 (settlement of disputes) shall not apply to this chapter 1, 4, 5, 6 and 7 in section. 3. DEPARTMENT of technical obstacles to trade in article 53, the scope and definition 1. This chapter is applicable to technical regulations, standards and conformity assessment procedures for acceptance and application in accordance with the agreement on technical barriers to trade, which included in annex 1A of the WTO (hereinafter the TBT Agreement) which may affect trade between the parties. 2. Without prejudice to paragraph 1 of this article, this chapter shall not apply to sanitary and phytosanitary measures the WTO agreement set out in annex 1A of the agreement on the application of sanitary and phytosanitary measures (hereinafter referred to as IFRS agreement), it does not apply to the purchase of the technical specifications drawn up by public authorities to their production or consumption needs. 3. for the purposes of this chapter, the TBT agreement 1 definitions specified in the annex. 54. Article agreement on technical barriers to trade in the approval of the Parties affirm their existing rights and obligations to each other under the TBT agreement, which are hereby incorporated in this agreement and become an integral part of it. Article 55 technical cooperation 1. the Parties shall strengthen cooperation in technical regulations, standards, metrology, accreditation, market surveillance and conformity assessment procedures with a view to improving mutual understanding of their respective systems and promote access to the relevant markets. In this sense they can create dialogue on regulatory issues in the horizontal and sectoral level. 2. Implementation of the cooperation, the Parties shall seek to identify, develop and promote trade promotion initiatives, including such initiatives, but are not limited to: (a) strengthening regulatory cooperation) in the field through the exchange of information, experience and the exchange of data; Scientific and technical cooperation, to increase the technical regulations, standards, testing, certification, market surveillance and accreditation quality and more efficient use of regulatory resources; (b)), the relevant for metrology, standardization, testing, market monitoring, certification and accreditation of public and private organisations supporting and promoting cooperation; (c) standardization of Ukraine), metrology, accreditation, conformity assessment and market surveillance system quality infrastructure development; (d) membership of Ukraine relevant) European organisations work; e) solutions can barriers to trade; f) position coordination and international trade regulatory bodies such as the WTO and the United Nations Economic Commission for Europe (UNECE). 56. Article technical regulations, standards and conformity assessment procedures 1. approximation of Ukraine shall take the measures necessary to comply with progressively EU technical regulations and EU standards, metrology, accreditation and conformity assessment procedures and market surveillance system and undertake to comply with the principles and practices set out in the relevant EU decisions and regulās8. 2. to achieve the objectives in paragraph 1 shall, in accordance with this agreement, Ukraine's schedule to annex III: (i) the law) takes over the relevant EU acquis; II) carry out administrative and institutional reforms that are required to implement this agreement and industrial products on conformity assessment and acceptance of the agreement (hereinafter ACA) referred to in article 57 of the agreement; and III) effective and transparent administrative framework required for the implementation of this chapter. 3. the Parties shall agree on a schedule to annex III of the agreement and maintain it in force. 4. After the entry into force of this agreement, Ukraine shall provide annually to the EU side to report on the measures taken in accordance with this article. If this Agreement annex III schedule of activity is not implemented within the prescribed time limit, Ukraine set new schedule following completion. 5. Ukraine shall refrain from alter horizontal and sectoral legislation listed in annex III to this agreement, except when it is made in order to improve this legislation in conformity with the relevant EU acquis and maintain this compliance. 6. Ukraine shall notify the party of the EU all such changes in its legislation. 7. Ukraine shall ensure that its relevant authorities to fully participate in European and international standardisation, legal and fundamental metrology and conformity assessment bodies, including accreditation, in accordance with its scope and status of available members. 8. Ukraine gradually takes over the European set of standards for their national standards including the harmonised European standards for which presupposes that it is voluntary, in accordance with the law, listed in annex III to this agreement. Simultaneously with the transfer of Ukraine cancels such kolidējošo their country's standards, including before the end of 1992, the interstate standards (GOST/ГОСТ). In addition, Ukraine gradually met the other conditions of membership in accordance with the requirements of applicable European standards organisation for qualified participants. Article 57 industrial product conformity assessment and recognition agreement 1 the parties agree to add this agreement ACA as a protocol to this agreement, covering one or more Annex III to this agreement lists the industry as soon as the parties have agreed that the Ukrainian industry and horizontal legislation, institutions and standards are fully harmonised with the EU. 2. the ACA will be established that the trade in goods between the parties in the sectors to which it applies, take place under the same conditions that govern the trade in goods between the Member States of the European Union. 3. once the EU side is checked and approved by the relevant Ukrainian technical legislation, the harmonisation of standards and the State of the infrastructure, by agreement between the parties and subject to the procedure for the amendment of this agreement, ACA added to the agreement as Protocol and shall include its industries from the list in annex II of the agreement, which is considered consistent. It is intended that eventually will encompass all of ACA in annex III to this agreement deducted sectors, following the above procedure. 4. as soon as the list of sectors is included in ACA's parties, by mutual agreement and in accordance with this agreement, considering its scope expansion to cover other manufacturing. 5. as long as the product is not covered by the ACA, then apply the existing laws of the parties, taking into account the provisions of the TBT agreement. 58. Article marking and labelling 1. without prejudice to the provisions of this agreement and article 56.57, with respect to technical regulations concerning labeling or labelling requirements approved by the parties in article 2.2 of the TBT agreement principles contained under which such a requirement in the development, adoption and application of intent or effect must not be unnecessary the creation of barriers to international trade. In this context, marking or labelling requirements do not restrict trade to a greater extent than is necessary in order to implement the legitimate objective, taking account of the risks of not following them. 2. in particular, with regard to mandatory labelling or marking the parties agree that: (a)), they seek to reduce marking or labelling requirements, other than that required for the adoption of the EU acquis in this area and for the marking and labelling for health, safety or environmental reasons or other legitimate public policy objectives; (b) a party may determine the label) or the label of a form, but does not require the approval, registration, or certification; and (c)) the parties have the right to require the marking or label information be provided in a specific language. Chapter 4 sanitary and phytosanitary measures article 1 59 goal. The aim of this chapter is to promote mutual trade in goods subject to sanitary and phytosanitary measures, at the same time protecting human, animal and plant life and health in the following ways: (a) ensuring full transparency) to trade applicable to sanitary and phytosanitary measures; b) bringing Ukrainian legislation to EU legislation; (c) mutual recognition of the animal) and plant health status and application of the principle of regionalisation; (d) create a mechanism for parties to) create sanitary and phytosanitary measures for the recognition of equivalence; (e) to continue the WTO SPS Agreement) principle; f) creating mechanisms and procedures for facilitating trade and improving party g) communication and cooperation on sanitary and phytosanitary measures. 2. The aim of this chapter is to bring together the parties, also deal on animal welfare standards. Article 60 multilateral obligations the Parties affirm their existing rights and obligations under the SPS agreement. 61. Article scope this chapter applies to all parties to a sanitary and phytosanitary measures which may, directly or indirectly, affect trade between the parties, including the measures listed in annex IV to this agreement. Article 62 definitions in this chapter, the following definitions shall apply: 1. ' sanitary or phytosanitary measures "means measures designed for the OPENING of Annex A to the agreement in point 1 and include within the scope of this chapter; 2. "animals" in terrestrial and aquatic animals in accordance with the relevant definitions of the World Organisation for animal health (OIE) terrestrial animal health code or the aquatic animal health code of the OIE; 3. "animal products" means the products of animal origin, including aquatic products, according to the definitions of the OIE Terrestrial Animal Health Code or the aquatic animal health code of the OIE; 4. "animal by-products not intended for human consumption" means the animal products listed in annex IV to this agreement-A, part 2 (II); 5. "plants" means live plants and live parts of the fruit, including: (a) seed) fruit botanical sense, other than frozen fruit, b) vegetables, other than frozen vegetables, tubers, corms (c)), bulbs, rhizomes, d), cut flowers, branches with leaves of e), (f)) cut off the trees with foliage, g) plant tissue cultures, h) leaves, foliage, live pollen and i) j) slips, cuttings, shoots; 6. "plant products" means raw or simply prepared products of plant origin, in so far as it cannot be considered as Annex A to this agreement, (IV)-listed in part 3 of the plants; 7. "seed" means the seed in the botanical sense for plantations; 8. "the harmful organism" of any species, strain or biotype of pathogens, or parazītaug, which are harmful to plants or plant products; 9. "protected zones" in the case of the EU side is zone 2 (h) of article) within the meaning of Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the community of organisms harmful to plants or plant products and against their spread (hereinafter referred to as Directive 2000/29/EC), or any successor provision thereto; 10. "animal disease" is a clinical or pathological manifestation of infection in animals; 11. "aquaculture disease" is a clinical or non-clinical infection with one or more etioloģisk pathogens listed in the aquatic animal health code of the OIE; 12. "animal infection" is a situation where animals are carriers of infectious agents with clinical or pathological manifestations of infection or without them; 13. "animal welfare" is the party and supported animal protection standards that comply with the OIE standards and falls within the scope of this agreement; 14. "appropriate health and phytosanitary protection level" is the health and phytosanitary protection level set for the OPENING of Annex A to the agreement in point 5; 15. "region" for animal health are areas or regions, as defined in the OIE Terrestrial Animal Health Code, and for aquaculture as defined in OIE international aquatic animal health code of the agreement that the EU's territory is taken into account in its specificity, recognizing the EU side on one unit; 16. "free from the harmful organism in the area" means an area in which, in accordance with scientific data in particular harmful organism is known not to occur and which needs this State official stay; 17. "regionalisation" of the agreement article 6 of the IFRS describes the concept of regionalization; 18. "shipment" means one kind of animal product consignment, covered by the same certificate or document that carries with one vehicle, which sent one sender and originating from the same exporting country or part of such a State. A consignment may consist of one or more lots; 19. "plant or plant product shipment" means that the plants, plant products and other goods which move from one country to another and one of the phytosanitary certificate, if one is required (consignment may consist of one or more of the goods or lots of the goods); 20. "the party" is more of the same unit that can be recognized by its composition and uniformity of origin and which is part of the consignment; 21. "equivalence for the purposes of trade" (equivalence) is a situation where the importing party shall accept the exporting Party's sanitary or phytosanitary measures, although these measures are different from measures of the importing party, if the exporting Party objectively demonstrates to the importing party that its measures achieve the importing party according to the sanitary and phytosanitary protection; 22. "industry" is part of a product or product category industrial or commercial establishment; 23. "sub-sector" means any industry specific and controlled; 24. "goods" are animals and plants or their category, or specific products and other objects which move the marketing or other purposes, including 2-7 of this article, paragraph; 25. "specific import permit" means the competent authorities of the importing party official prior authorization issued to the importer as a prerequisite for an individual item or multiple single consignment consignment imported from the exporting Party within the framework of this agreement, 26. "working day" means the day of the week except Sunday, Saturday and public holidays in one of the parties; 27. ' inspection ' means any feed, food, animal health and animal welfare aspects of the test, the purpose of which is to determine whether this is in accordance with the feed and food, animal health and animal welfare rules; 28. "plant health inspection" means the plants, plant products or other regulated object formal Visual inspection with the purpose of detecting the presence of harmful organisms and/or compliance with phytosanitary regulations; 29. "verification" is the inspection, inquiry and assessment of objective evidence to verify that the requirements have been met. 63. Article the competent authority of the agreement referred to in article 74 sanitary and phytosanitary management Subcommittee (hereinafter referred to as the Subcommittee on IFRS) first meeting shall inform each other of their competent authorities, organization structure and the Division of competences. The Parties shall inform each other of any changes in respect of those authorities, including the contact points. 64. Article 1 of the Regulation of Ukraine brings sanitary and phytosanitary and animal welfare legislation to EU legislation as provided in annex V to this agreement. 2. the Parties shall cooperate in the approximation of legislation and capacity building. 3. the Subcommittee shall regularly monitor IFRS convergence process implementation, as provided for in annex V of this agreement, to provide the necessary guidance on measures of approximation. 4. Not later than three months after the date of entry into force of this agreement Ukraine submitted comprehensive IFRS Subcommittee for the implementation of this chapter, a strategy that split the areas for priority action, as defined in annex IV to this agreement (A), (B) and (C) promoting trade in a particular product or product group. The strategy serves as a reference document for the implementation of this chapter and it will add pielikumam9 V of this agreement. 65. Article animal health and pest status and regional recognition of the circumstances for the purposes of marketing a. animal diseases, infected animal and pest status recognition 1. as regards animal diseases and infected animals (including zoonoses), the following rules shall apply: (a)) the importing party shall recognise for trade purposes or of the exporting Party of the regions defined by the exporting Party in accordance with part A of annex VII, the animal health status as regards annex VI of this agreement specified in part A of animal diseases; b) If a party considers that its territory or to a region's special status in relation to the specific animal disease which is not one of annex VI to the agreement referred to in subparagraph (A), it may request recognition of that status in accordance with the criteria laid down in this agreement in part C of annex VII. The importing party may require such guarantees in respect of imports of live animals and animal products, which correspond to the parties ' mutually agreed status; (c) the parties ' territories or regions) status or the status of the industry or sector in relation to the spread of animal diseases or occurrence that is not mentioned in this Agreement annex VI, part A, or animal infection and/or, where appropriate, the risks associated with it, as defined by the OIE, the parties acknowledge the mutual trade. The importing party may require such guarantees in respect of live animals and animal products, which meet the status in accordance with the relevant OIE recommendations; d) Notwithstanding this agreement, 69 and 67.73. Article and, unless the importing party does not direct the road and does not require explanatory or supplementary information or advice and/or inspection, each Party shall, without undue delay, take legislative and administrative measures necessary in order to allow trading on the basis of points (a), (b) and (c)))). 2. in relation to the harmful organisms, the following rules shall apply: (a) commercial purposes) the parties mutually recognise the status of harmful organisms in respect of harmful organisms listed in part B of annex VI to the agreement; (b) without prejudice to the agreement) 67, 69 and 73. Article and, unless the importing party does not direct the road and does not require explanatory or supplementary information or advice and/or inspection, each Party shall, without undue delay, take legislative and administrative measures necessary in order to allow trade based on subparagraph (a)). B. from the Regionalisation/zoning harmful organism free territory (hereinafter referred to as the KB) and the protected zone (AZ) 3. the parties recognise the concept of regionalisation and KBZ, as defined by the food and Agriculture Organization of the 1997 International Plant Protection Convention and the international standards for phytosanitary measures (hereinafter IFRS), and the protected zone under Directive 2000/29/EC, which the parties agree to apply the mutual trade. 4. The parties agree that regionalisation decisions for animal and fish diseases listed in this agreement in part A of annex VI, and the harmful organisms listed in part B of annex VI to the agreement, shall be adopted in accordance with annex VII of this agreement, the provisions of part A and part B. 5. a) with regard to animal diseases, and in accordance with article 67 of this agreement, the party which requested the exporter importer side to declare its decision, notify the regionalisation measures taken, accompanied by any explanations and supporting data about its findings and decisions. Without prejudice to article 68 of the agreement and, if the importing party does not direct the road and does not require additional information or consultation and/or verification within 15 working days of receipt of the notification, notify the regionalisation decisions shall be deemed accepted; b) consultation referred to in subparagraph (a)), takes place in accordance with this agreement, paragraph 3 of article 68. The importing party shall assess the additional information within 15 working days from the receipt of the additional information. The verification referred to in subparagraph (a)), carried out in accordance with article 71 of the agreement and within 25 working days of receipt of the request for verification. 6. (a)), in relation to harmful organisms, each Party shall ensure that the trade in plants, plant products and other objects are complied with in the case of harmful organisms the status area, acknowledged by the other party as a protected area or KB. The party who requests the other party to declare its KB, notify the measures taken and, on request, provide all the explanations and supporting data for its establishment and maintenance as provided for in the relevant IFRSs, deemed suitable by the parties. Without prejudice to article 73 of this agreement and, if one party does not direct the road and does not require additional information or consultation and/or verification within three months of receipt of the notification, notify the following KB to be deemed accepted; (b)) (a) the consultation referred to in paragraph takes place) in accordance with article 68 of the agreement (3). The importing party shall assess the additional information within three months of its receipt. (A) of this paragraph) designated verification carried out in accordance with article 71 of the agreement and within 12 months from the date of receipt of the request for verification, taking into account the relevant harmful organism and crop biology. 7. after 4-6 of this article, the procedure described in paragraph and without prejudice to article 73 of this agreement, each Party shall, without undue delay, make the necessary legislative and administrative measures necessary to permit the trade, based on the above. C. fragmentation of the parties undertake to engage in further discussions with a view to implementing the principle of containment referred to in annex XIV to this agreement. 66. Article 1 of the Equivalence determination of equivalence can be recognised in relation to: (a) the individual, or (b) of the measures)) group or c) system of the sector, subsector, goods or product group. 2. in determining equivalence, the Parties observe the provisions of this article, the procedure laid down in paragraph 3. This process includes objective proof of equivalence by the exporting Party, and objective evidence assessment by the importing party. This may include inspection or verification. 3. at the request of the exporting Party for the recognition of equivalence as set out in paragraph 1 of this article, the Parties shall immediately and not later than three months from the time that the importing party receives such a request, the start of the consultation process, which includes in annex IX to the agreement phase. However, if the exporting Party submit more requests, the Parties shall, upon the request of the importing party, the agreement referred to in article 74 IFRS Subcommittee agreed on the schedule in which they will launch and will perform the procedures referred to in this paragraph. 4. when the laws have achieved this agreement, article 64, paragraph 3, of the monitoring results, this fact is considered Ukraine's request to start the procedure for recognising equivalence of measures as defined in paragraph 3 of this article. 5. Unless the parties otherwise agree, the importing party shall complete this article the equivalence referred to in paragraph 3 for determining the equivalence of 360 days from the receipt of the request of the exporting Party, including materials that demonstrate equivalence, except for seasonal crops, when allowed to defer to a later time of evaluation for the growth of crops suitable for the verification period. 6. the importing party shall determine the equivalence in relation to plants, plant products and other objects, in accordance with the relevant IFRSs, if necessary. 7. the importing party may withdraw or suspend the equivalence on the basis of one party's actions made the amendments that affect the equivalence provided that the following procedures: (a)) in accordance with article 67 of this agreement of the importing party shall inform the exporting Party of all proposals for amendment of the measures for which equivalence of measures has been recognized, and the possible impact of the proposed measures on already recognized equivalence. The importing party within 30 working days from the receipt of such information shall notify the exporting Party, or it will continue to recognize the equivalence on the basis of the proposed measures; (b)) in accordance with article 67 of this agreement, paragraph 2, the importing party shall inform the exporting Party of all proposals for amendment of the measures for which recognition of equivalence is based, and on the possible impact of the proposed measures on already recognized equivalence. If the importing party suspended recognition of the equivalence, the parties may agree on the conditions in paragraph 3 of this article, those procedures to start up again, on the basis of the proposed measures. 8. recognition of equivalence, suspension or withdrawal of the full terms of the importing party has, in accordance with its administrative and legislative framework. That party shall provide to the exporting Party, in writing, all explanations and supporting data that used the findings and decisions covered by this article. Non-recognition of equivalence, the suspension or revocation, the importing party shall provide to the exporting Party the necessary conditions under which may initiate the procedure referred to in paragraph 3. 9. Without prejudice to article 73 of this agreement, the importing party may not withdraw or suspend the recognition of the equivalence before the entry into force of one or other of the parties, the proposed new measures. 10. If the importing party has officially recognised the equivalence on the basis of the consultation procedure, as provided for in annex IX of this agreement, the SPS Subcommittee in accordance with the procedure provided for in article 74 of the agreement referred to in paragraph 2 of the recognition of equivalence, in trade between the parties. The decision also lays down appropriate, reduce physical checks at the borders, simplified certificates and a list of the previous procedure. The status of equivalence is listed in annex IX of this agreement. 11. where legislation is closer, determination of equivalence occurs on this basis. 67. Article Transparency and exchange of information 1. Without prejudice to article 68 of the agreement, the Parties shall cooperate in order to improve mutual understanding of their official control bodies and mechanisms aimed at IFRS measures, and their work. It can be achieved, among others, with the international audit messages when they are published, and the parties can exchange information on the results of these audits or other relevant information. 2. the approximation of legislation, as referred to in article 64 of the agreement, or determination of equivalence, as referred to in article 66 of this agreement, the Parties shall inform each other of their respective fields by changes in legislation and other procedural changes. 3. In this context, the EU side timely inform Ukraine of any changes in the EU legislation, the parties to allow Ukraine to consider appropriate amendments to its legislation. Should achieve the required level of coordination to facilitate the legislative process for the transmission of documents, at the request of one of the parties. To this end, each Party shall notify the other party of its focal point. Parties shall notify each other of any changes in this information also. 68. Article notification, consultation, and communication facilitation 1. Each Party shall, within two working days notify the other party of any serious or significant public, animal or plant health, including emergency situations as regards the control of foodstuffs or situations posing a clear major health threats in connection with an animal or plant product consumption, and in particular: (a) all measures) that affect the regionalisation decisions referred to in article 65 of the agreement; (b) this Agreement) annex VI, part A, or animal diseases listed in annex VI, part B of the list of harmful organisms or evolution; c) epidemiological data essential or significant side risk to animal diseases or harmful organisms not listed in annex VI of this agreement, parts A and B, or a new animal diseases or harmful organisms, and (d)) for all additional measures beyond the basic requirements that apply to the relevant parties, measures to control or eradicate animal disease or harmful organisms or protect the public or plant health as well as changes in preventative policies, including vaccination policies. 2. a) notifications shall be submitted in writing to the contact points referred to in article 67 of this agreement, paragraph 3. b) written notice is a notice by post, fax or electronic mail. Notifications are sent only between the contact points referred to in article 67 of this agreement, paragraph 3. 3. Where either party has serious concerns regarding a risk to public, animal or plant health, to discuss the situation after the request as soon as possible and in any case within 15 working days. In such situations, each Party shall endeavour to provide all the information necessary to avoid disruption of trade and to reach a mutually acceptable solution, which is compatible with the public, animal or plant health requirements. 4. at the request of the party consultation on animal welfare takes place as soon as possible and in any case within 20 working days of the notification. In such situations, each Party shall endeavour to provide all the requested information. 5 after the party, 3 and 4 of this article mentioned under consultation held via video or audiokonferenč system. The requesting Party shall provide the Conference of the parties officially approved preparation of the minutes. Following approval for the acquisition of this Agreement shall apply paragraph 3 of article 67. 6. Interoperable emergency response system and the early warning mechanism in the veterinary or plant health emergencies will start later, when Ukraine will introduce the necessary legislation in this field and will create the conditions appropriate for such a mechanism to function on the site. 69. Article trading conditions 1. General import conditions. (a) this agreement, (IV)) for all-A and IV-paragraph 2 of Annex C to the goods included in the parties agree to apply the General import conditions. Without prejudice to this agreement in accordance with article 65 of the decisions taken by the party of import conditions apply throughout the territory of the exporting Party. With the entry into force of this agreement and in accordance with article 67 of this agreement, the importing party shall inform the exporting side of their sanitary and phytosanitary import requirements for IV-Annex A to this agreement and annex IV-C in paragraph 2 of those goods. This information shall where appropriate include the importing party official certificate or declaration or commercial documents. (b)) (i)) announcing the paragraph 1 of this article in the amendment or amendments to the proposals of the parties comply with the IFRS rules and the agreement, future decisions relating to the notification of the measure. Without prejudice to article 73 of this agreement, the importing party shall be determined by paragraph 1 (a). the amended conditions referred to the date of entry into force, taking into account the time required for transport between the parties; (ii) if the importing party does not) comply with the requirements of the said notification, it continues to accept the certificate or certificates, which guarantees the conditions applicable before 30 days after the amended import conditions for entry into force. 2. the Import conditions for recognition of equivalence by. (a)) the parties within 90 days of the recognition of equivalence of the decision shall take the necessary legislative and administrative measures for the implementation of recognition of equivalence to based on the relevant sectors and sub-sectors where the importing party concerned all of the exporting Party's sanitary and phytosanitary measures are recognised as equivalent, allow cross to market the goods referred to in annex IV to this agreement and in part A of annex IV, part C, paragraph 2. In relation to the goods in the required certificate of the importing party or official document model in this phase may be replaced by a certificate drawn up pursuant to annex XII of this agreement, (B). (b) the respective sectors or subsectors), which is recognised as equivalent to one or more, but not all, measures will continue to trade in goods under paragraph 1 (a)) under specified conditions. At the request of the exporting Party shall apply paragraph 5 of this article. 3. from the date of entry into force of this agreement, this agreement in part A of annex IV and annex IV, part C, paragraph 2 does not apply to the goods import permits. Date of entry into force of this agreement before 31 December 2013 does not affect assistance for the comprehensive institution-building programme. 4. conditions affecting trade in paragraph 1 (a)) those goods, the Parties shall, upon the request of the exporting Party shall initiate consultations Subcommittee in IFRS in accordance with article 74 of the agreement, to make the party an alternative or additional import conditions. Such alternative or additional import conditions where appropriate may be based on measures of the exporting Party to the importing party, which accepted as equivalent. If the parties agree, the importing party shall, within 90 days from the decision of a Subcommittee of the IFRS carried out legislative and/or administrative measures necessary to allow imports on the basis of those measures. 5. the list of Undertakings conditional approval. (a) this Agreement) in respect of annex IV-A, part 2, that animal products imported into the importing party shall, at the request of the exporting Party, with appropriate guarantees, approved VIII of this agreement 2.1 the processing undertaking referred to in the territory of the exporting Party, without the prior individual checks. Such approval shall be in accordance with annex VIII of this agreement and the conditions provided for in the regulations. Except where additional information is required, the importing party shall take the necessary legislative or/and administrative measures to allow imports of 30 working days after the importing party has received the request and appropriate guarantees. The initial list of establishments approved in accordance with this agreement, the procedures laid down in annex VIII. (b)) in relation to paragraph 2 (a)) of the animals referred to in point products do the exporting Party to the importing party the list of companies that meet the requirements of the importing party. 6. Upon request by one party, the other party shall provide all necessary explanations and supporting documents about the findings and decisions falling within the scope of this article. 70. Article 1 of the certification procedure the Parties shall agree on the procedures for certification and certificate and the service of official documents on the principles set out in this agreement In annex XII. 2. The agreement referred to in article 74 IFRS Subcommittee can agree on rules to be followed in the certification, the certificate is the electronic cancellation or substitution. 3. The agreement referred to in article 64 of the approximation within the parties, where appropriate, agree on common certificates. 71. Article 1 of the Verification To maintain confidence in the effective implementation of the provisions of chapter, each Party shall have the right to: (a)) in accordance with annex X of this agreement, the guidelines in whole or in part by part to verify the other institutions total control programme or, where appropriate, other measures. Following verification of the costs shall be borne by the party carrying out the verification; (b)) from both parties set the day after the party's request to receive information from the other side of all these parties full control or part of the programme and in accordance with the following program review of the results of the checks carried out; (c)) for the IV-A and IV-Annex C, paragraph 2, of the goods referred to in the laboratory tests, at the request of either of the parties and, where appropriate, to participate in the periodic inspection programme for mutual comparison of specific checks organised by the reference laboratories of the other party. The participation of such costs shall be borne by the party who participates. 2. the parties may exchange the results of the verification referred to in paragraph 1 of this article, (a)), with the third parties and the public of the results, as it may determine the rules of both parties. Exchanging such information and/or publication of the results, where appropriate, to observe rules of confidentiality, applicable to both sides. 3. The agreement referred to in article 74 IFRS Subcommittee may by decision to amend Annex X of this agreement, taking into account the work carried out by international organisations. 4. the verification results may contribute to this agreement 64, 66 and 72 of the parties referred to in article or one of the parties. Article 72 Import inspection and the inspection fee 1. the parties agree that the import checks taken by the importing party relating to the import of a consignment from the exporting Party, comply with this agreement set out in part A of annex XI. The results of such tests can contribute to article 71 of the agreement specified in the verification procedure. 2. Part B of annex XI to the agreement stipulates how often each party may apply physical import checks. Half of its competence and in accordance with their national legislation, may modify this frequency, given in accordance with this agreement, 66 and 69 64 article, or verification, consultation or other measures provided for in this agreement. 74. The agreement referred to in article 2 of the decision of the Subcommittee to amend this agreement in part B of annex XI. 3. inspection fee only applies to the costs incurred by the competent authority, in carrying out the import inspection. Charge shall be calculated on the same basis as the calculated charge on similar domestic products. 4. The importing party shall, upon request, inform the exporting Party of all amendments, including the reasons for such amendments in respect of measures affecting the import inspection and inspection fee, and any significant changes in the administrative procedures of such tests. 5. From the date of this agreement, as determined in article 74 that IFRS Subcommittee, the parties may agree on the conditions of each of the parties control measures as laid down in article 71 paragraph 1 (b)), in order to adapt and, where appropriate, mutual reduction in the physical checks on import goods referred to in article 69 of this agreement. 2. From that date, the parties can mutually recognise mutual product control and as a result reduce or replace the import inspection. 6. Conditions for import checks for recognition include the adaptation of annex XI of the agreement, subject to the procedure referred to in article 74 of the agreement 6. 73. Article protection measures 1. If the importing party shall take measures within their territory, to control any cause that might seriously affect or could be harmful to human, animal or plant health, the exporting Party shall, without prejudice to paragraph 2 of this article shall take equivalent measures in order to prevent hazards or risk of introduction of the exporting Party. 2. on the basis of serious public, animal or plant health considerations, the importing party may take interim measures public, animal or plant health. As regards the mutual carriage of consignments of the importing party shall consider the most appropriate and reasonable solution, to avoid unnecessary disruption of trade. 3. The Party shall take measures, in accordance with paragraph 2 of this article, shall inform the other party not later than one working day after the adoption of the measures. At the request of any party to this agreement in accordance with article 68, paragraph 3, the Parties shall consult on the situation within 15 days from the moment of that notification. The Parties shall take due account of all the information provided during such consultations and try to avoid unnecessary disruption of trade, taking into account, where relevant, article 68 of the agreement provided for in paragraph 3 of the consultation results. 74. Article sanitary and phytosanitary (SPS) of the Subcommittee on 1. creates the sanitary and phytosanitary (SPS) of the management Subcommittee. IFRS Subcommittee within three months from the date of entry into force of this agreement, and then, at the request of a party, or at least once a year. If the parties agree, the Subcommittee meeting of the IFRS can be held via video or audiokonferenc system. The Subcommittee may also focus on IFRS issues out of session by correspondence. 2. IFRS Subcommittee shall have the following tasks: (a) to monitor the implementation of this chapter) and to consider all matters relating to this chapter, as well as to examine all questions which may arise in connection with the implementation of the agreement; (b) to this chapter) review the annexes, taking into account in particular laid down in this chapter in accordance with the consultation procedures and the progress made; (c)) in view of (b) of this paragraph) review referred to or if otherwise provided for in this chapter, with a decision to amend Annex IV to XIV of this agreement, and (d)) in view of (b) of this paragraph) that review, provide advice and recommendations to other authorities, as referred to in this agreement, institutional, General and final provisions. 3. the parties agree, where appropriate, to establish technical working groups consisting of representatives of the parties at the level of experts and which identifies and addresses the application of this chapter arising from technical and scientific issues. In addition to the expertise required, the parties may set up ad hoc groups, including the scientific group. These ad hoc groups, membership is not limited to representatives of the parties. 4. IFRS Subcommittee shall report regularly to the Trade Committee set up in accordance with article 465 of the agreement, on its activities and decisions falling within its competence. 5. during the first meeting of the Subcommittee on IFRS shall adopt its rules of procedure. 6. All IFRS IFRS Subcommittee Subcommittee or create group decisions, recommendations, reports or any other actions in connection with import permits, information sharing, transparency, the regionalization, equivalence and recognition of alternative measures and other matters contained in paragraphs 2 and 3, shall be adopted by consensus. Chapter 5 customs and trade facilitation article 75 the parties recognise the customs clearance and trade facilitation issues the importance of developing bilateral trade climate. The parties agree to strengthen cooperation in this area with the aim of ensuring that the relevant legislation and procedures, as well as the administrative capacity of the regulatory authorities to achieve the objectives of effective control and support legitimate trade facilitation as a matter of principle. The parties recognise that legitimate public policy objectives, including trade facilitation, security and fraud prevention is particularly important, and balanced approach these objectives. 76. Article law and procedure 1 the parties agree that the fundamental issue is that their respective trade and customs law is stable and comprehensive, and that the rules and procedures are proportionate, transparent, predictable, free from discrimination, an objective and uniform and effective application of, inter alia: (a)) and to protect and promote the legitimate trade, effectively applying and respecting the regulatory requirements; b) avoid unnecessary or discriminatory burden on economic operators, prevent fraud and ensure that further incentives, the economic operators which comply with the high level of legislation; (c) the submission of a customs declaration) provides a single administrative document; d) achieve customs procedures and practices on the border of greater efficiency, transparency and simplification; e) apply modern technologies, including customs, risk assessment, audit and post-clearance audits methods to simplify and facilitate the importation and release of the goods; f) trying to reduce costs and increase economic activities of iepriekšparedzamīb operators, including small and medium-sized enterprises; g) without prejudice to the objective of risk assessment, the application of the criteria ensure that imports, exports and the transit of goods, the applicable requirements and procedures without discrimination; h) apply customs and trade areas, the applicable international documents, including those developed by the World Customs Organization (WCO) (Basic, 2005 world trade security and facilitation, 1990 Istanbul Convention on temporary admission, HS Convention, 1983), WTO (e.g. rating) and the un (TIR Convention, 1975, 1982 International Convention on the harmonization of frontier controls of goods), as well as the EC guidelines, such as the concept of Customs (Customs Blueprint); I) take the necessary measures to transpose and implement the revised 1973 Kyoto Convention on the simplification and harmonization of customs procedures; (j) the previous binding ruling) provides for tariff classification and rules of origin. The Parties shall ensure that a ruling may be withdrawn or revoked, but only after it has affected a host of warning and without retroactive effect, unless the ruling is adopted on the basis of incorrect or incomplete information; (k)) and simplified procedures apply to licensed dealers in accordance with objective and non-discriminatory criteria; l) lays down rules to ensure that any sanctions imposed on the customs regulations or procedural requirements are proportionate and non-discriminatory, and their application is not justified and unjustified delay; m) apply transparent, non-discriminatory and proportionate rules for licensing of customs brokers. 2. in order to improve working methods, as well as to ensure compliance with the principle of non-discrimination, transparency, efficiency, integrity and accountability of the activities, the Parties shall: (a) take further measures) Customs and other agency data and documentation required for the reduction, simplification and standardisation; b) wherever possible, simplify requirements and formalities for quick release and clearance; (c) introducing effective, immediate) and non-discriminatory procedures, which guarantee the right of appeal against customs and other agency administrative actions, rulings and decisions which affect the goods submitted to customs. This appeal procedure is readily available to small and medium-sized enterprises, and all costs are proportionate and commensurate with the costs of the appeal provision. The Parties shall also take measures to ensure that an appeal decision, the goods typically releases and tax payments remain uncollected by applying the security measures as are considered necessary. If necessary, this should be subject to the possibility of providing the guarantee, such as a guarantee or pledge; (d)) provides the highest standards of integrity, particularly at the border by applying measures that reflect the relevant international conventions and other documents the principles in this area, in particular the revised WCO Arusha Declaration (2003) and the EC Customs ethics concept (blueprint on Custom ethics) (2007). 3. the parties agree to eliminate: (a) any requirements) mandatory use of customs brokers; (b) any requirements) mandatory pre-shipment use or destination inspection. 4. the provisions on transit (a)) for the purposes of this agreement, subject to the rules on transit and the definitions laid down in the WTO rules (article V of GATT 1994 and related regulations, including any explanations or improvements arising from the Doha round on trade facilitation). These provisions shall also apply where the transit of the goods begins or ends in the territory of either party (inland transit). (b)), the Parties shall endeavour to achieve progressive your the Customs transit system compatibility with the aim to achieve in the future the membership of Ukraine in the common transit system, laid down 20 May 1987 the Convention on a common transit procedure. (c)) the parties in their territory provide all relevant authorities and agencies of cooperation and coordination to facilitate transit traffic and promote cross-border cooperation. The Parties shall encourage cooperation between the authorities and the private sector in relation to transit. 77. Article relationship with operators, the parties agree: (a)) to ensure legislation and procedures, as well as their justification for transparency and public access, as far as possible by electronic means. There should be consultation mechanism and a reasonable period to be determined between the new or amended rules and their entry into force; (b)) the need on time and regularly consult with businesses on legislative proposals and procedures related to customs and trade issues. In this regard, each party establish mechanisms to ensure adequate and regular consultation between the Administration and the business community; c) make publicly available relevant notices, including agency administrative rules and procedures of entry ports and at border crossing points existing customs authorities, as well as the focal point for the provision of information on the working time and operating procedures; (d) to encourage entrepreneurs and relevant) the cooperation through the strict and publicly available procedures, such as memoranda of understanding, based in particular on the WCO recommended procedures; e) to ensure that their respective Customs and related requirements and procedures continue to meet the legitimate needs of traders, best practices, and its minimum influence trade. 78. Article fees and payments the Parties shall prohibit the administrative fees having equivalent effect as the import or export duties and taxes. For all any fees and charges applied to the Customs authorities of the two parties, including the fees and charges for tasks that others bear the name of those services, for imports or exports, or in association with this agreement, and without prejudice to section IV of Chapter 1 (national treatment and market access of goods) of the articles concerned, the parties agree that: (a)) the fees and charges only apply to services the Declaration issued at the request of the applicant provided outside the specified time and in locations not specified in the rules for customs, and in connection with the import or export or formality to be followed when such imports or exports; (b) the fees and charges) does not exceed the cost of the service provided; c) fees and charges is not calculated as a percentage of the tax; (d)) and information on fees payments public. Such information shall state the grounds for the imposition of the fee or charge for the service provided, the responsible authority, the applicable fees and charges and settlement time and order. Information on the fees and charges shall be published using official means of communication, and, if possible, official Web site; e) new or adjusted fees and charges shall be imposed only when information about them is made public and is freely available. 79. Article determination of the customs value of the goods was 1. Annex 1A of the WTO agreement, the GATT 1994, the agreement on implementation of article VII, including subsequent amendments, regulation on the determination of the customs value of goods in trade between the parties. Its provisions with this are included in this agreement and become an integral part of it. Do not use minimum customs values. 2. The Parties shall cooperate in order to find a common approach for the determination of the customs value. 80. Article customs cooperation the Parties shall strengthen cooperation in order to ensure the implementation of the objectives of this chapter, striking a reasonable balance between simplification and facilitation and effective control and security. To this end, the Parties shall, where appropriate, for the benchmarking tool will use EC Customs concept (the Customs Blueprint). To ensure compliance with the provisions of this chapter, the Parties shall in particular: (a)) Exchange information on law and procedures in the field of customs; (b) develop joint initiatives), which related to import, export and transit procedures, as well as working to ensure effective provision of services to the business community; (c)) shall cooperate in customs and other trade procedures in the field of automation; (d)) where appropriate, the exchange of information and data, respecting the confidentiality of sensitive data and the protection of personal data; e) Exchange information and/or initiate consultations with a view to, where possible, to develop a common position within international organisations in the field of customs, such as WTO, WCO, UN, United Nations trade and Development Conference and the United Nations Economic Commission for Europe; f) cooperate in planning and providing technical assistance, in particular by simplifying the customs clearance and trade facilitation reforms in accordance with the relevant provisions of this agreement; g) the exchange of best practices on customs operations, focusing on intellectual property rights enforcement, in particular in relation to counterfeit products; h) improve cooperation between all border agencies, both nationally and across borders in order to facilitate border crossing process and improve control, taking into account the joint border control, where it is practically possible and appropriate; I) relevant and appropriate mutual recognition of authorised dealers and customs control. The extent of this cooperation, implementation and practical arrangements decided by the Customs Subcommittee provided for in article 83 of this agreement. 81. Article mutual administrative assistance in customs matters, without prejudice to article 80 of this agreement, the parties Administration provide mutual administrative assistance in customs matters in accordance with Protocol II to this agreement on mutual administrative assistance in customs matters provisions. 82. Article technical assistance and capacity-building activities, the Parties shall cooperate with a view to providing technical assistance and improve the operational capacity of trade facilitation and customs reform. 83. Article customs Subcommittee on Customs Subcommittee is hereby established. The Committee shall report on its activities to the Association Committee of this agreement article 465 referred to in paragraph 4. Customs Subcommittee activities include regular consultations and the implementation and administration of this chapter, including questions on customs cooperation, cross-border customs cooperation and management, technical assistance, rules of origin and trade facilitation, as well as mutual administrative assistance in customs matters. Customs Subcommittee, inter alia: (a) monitor this Agreement) 1 and 2 of the Protocol and the proper functioning of this chapter; b) decide on the measures and practical arrangements for implementing this agreement 1 and 2 Protocol and the provisions of this chapter, including the exchange of information and data, customs control and trade partnership programmes mutual recognition, and for mutually agreed benefits; c) exchange views on any subject, which causes of mutual interest, including future measures and the resources for them; (d) formulate recommendations if) necessary; and (e)) adopt its internal rules of procedure. 84. Article approximation of laws in the field of customs, the progressive approximation to EU customs legislation, as laid down in EU and international standards, in accordance with Annex XV to the agreement. Chapter 6 BUSINESS, service trade and electronic commerce section 1 General provisions article 85 the aim, scope and scope 1. Parties reaffirm their rights and obligations under the agreement establishing the WTO, with the necessary measures for the gradual establishment and services trade liberalisation and cooperation in the field of electronic commerce. 2. Public procurement is covered by title IV of the agreement chapter 8 (public procurement), and nothing in this chapter shall be interpreted as imposing obligations relating to public procurement. 3. Subsidies are discussed in section IV of the agreement chapter 10 (competition) and the provisions of this chapter shall not apply to the subsidies granted by the parties. 4. Each party reserves the right to regulate and to introduce new provisions for legitimate political objectives, provided that they are compatible with the provisions of this chapter. 5. This chapter shall not apply to measures affecting natural persons seeking access to the labour market parties, and to measures related to citizenship, residence or permanent employment. Without prejudice to section III of the agreement (Justice, freedom and security) rules on the movement of persons, nothing in this chapter shall prevent a party from applying measures to regulate the entry of natural persons, or a temporary stay in its territory, including measures necessary to protect the physical integrity of persons and ensure that natural persons legally crossing its borders, provided that such measures are not applied in such a way that they remove or reduce benefits that other party under noteikumiem10 of this chapter. 86. Article definitions for the purposes of this chapter: 1. "action" means any action, the provisions of the Act, regulations, procedures, decision, administrative action, or any other form; 2. "party or suitable measures" means measures taken: a) Central Government, regional or local governments and authorities; and (b)), non-governmental organizations, in implementing the Central Government, regional or local governments or authorities delegated powers; 3. "natural person of a party" means any Member State of the European Union national or national of Ukraine in accordance with their respective legislation; 4. "legal person" means any legal entity duly constituted or otherwise created in accordance with the legislation in force for profit or for other purposes and which belongs to a private party or country, including any corporation, partnership, joint venture, Foundation, the owner of one company or association; 5. The EU side "legal person" or "legal person" in Ukraine is: a legal person created in accordance with, respectively, of one of the Member States of the European Union or the law of Ukraine and having its registered office, Central Administration or principal place of business is in the territory to which the Treaty on the functioning of the European Union, or, where appropriate, the territory of Ukraine. If this legal person in the territory to which the Treaty on the functioning of the European Union, or in the territory of Ukraine, situated only its registered office or Central Administration, it is not considered appropriate for the EU or Ukraine's legal person, unless its operation is directly and permanently linked to the EU or Ukraine's economy; 6. without prejudice to the previous paragraph, this Agreement shall also apply to these shipping companies established outside the EU or Ukraine and controlled respectively of one of the Member States of the European Union or nationals of Ukraine, where the vessels are registered in accordance with the relevant Member State in question or the law of Ukraine and a Member State or the flag of Ukraine; 7. the parties legal persons ' subsidiary ' means a legal entity which is effectively controlled by another legal persona11 this party; 8. legal persons "branch" shall mean a place of business which has no legal personality and which: (a)) have the persistence features, such as the parent's child nodes; (b)) is the management structure; and (c)) is the material equipment, to conduct business with third parties so that these third parties, although they are aware that if necessary, they will be a legal link with the parent company, whose head office is situated abroad, not to relate directly to the parent, but they can make the business ramifications of business; 9. "establishment" means: (a)) for the EU and Ukraine the rights of legal persons to take up and pursue economic activities, through the establishment, including purchasing, legal persons and/or establish a branch or representative office in Ukraine or the EU side b) in the case of natural persons, the EU or Ukraine by natural persons of the right to take up and pursue economic activities as self-employed persons and to build alliances, in particular companies, which they effectively control; 10. "contributor" means any party to any natural or legal person wishing to carry out or carrying out an economic activity, doing business; 11. ' economic activity ' includes industrial, commercial and professional character and activities of craftsmen and activities do not include the activities carried out within the powers of the State; 12. "the deal" is the pursuit of economic activities; 13. "services" means any service in any sector except services supplied in the exercise of State powers; 14. "service, and other activities carried out in the exercise of State powers", is a service or activities which are not conducted not on a commercial basis, nor in competition with one or more economic operators; 15. "the cross-border provision of services ' means: (a) the provision of the service) from the territory of one party in the territory of the other party, (b)) in the territory of one party the other party service consumer; 16. the parties "service provider" means any party to any natural or legal person who wishes to provide or provides services, including business; 17. "executives" is a natural person employed by one side of the legal person not-for-profit organization, and responsible for the establishment, control, proper administration and operation. "The executives" cover by persons travelling for the purpose of the business, responsible for the creation of the company, and the company's employees: (a) the relative) "by persons travelling for the purpose of conduct" means natural persons who work in managerial positions and responsible for the company's creation. They do not engage in direct dealings with the public and do not receive remuneration from a source located in the host Party; (b)) "company's transferred employees" are individuals who have at least one year of nodarbinājus the one hand juridical person or of at least one year have been its members (except the majority shareholder) and who is temporarily transferred to the company in the territory of the other party. Natural person concerned must fall within one of the following categories. I) leaders: a legal person in the executive position of persons working primarily out of the management of the company generally or the company's Board of Directors, shareholders or equivalent under the supervision or control of the person, including:-directing the company or its subsidiary bodies or of the Department, the person doing the monitoring and control of other supervisory, professional or managerial staff work, the person who has the power to personally to recruit and dismiss or recommend to hire and dismiss employees or other personnel actions. II) Specialist: legal person working people who have unusual knowledge that is essential for the production of the company, research equipment, techniques or management. In assessing such knowledge, are taken important not just for business knowledge, but also whether the person has a high level of qualifications in relation to the work or trade requiring specific technical knowledge, including membership of an accredited profession at; 18. "the trainees with higher education" means natural persons employed for at least one year, a legal person of the party, and have a university degree, and are temporarily transferred to the company in the territory of the other party for the purposes of career development or training on working methods or paņēmieniem12; 19. "the business services seller" means natural persons who are service providers on the one hand, requesting permission to enter and temporarily reside in the territory of the other party, in order that the service provider in good negotiate the sale or closure of the service agreement. They do not deal with direct sales to the public and shall receive no remuneration from a source located in the host Party; 20. "līgumpakalpojum provider" means a natural person employed by one side of the legal person, who has no business in the territory of the other party and which is in good ticībā13 signed a contract with the final consumer for the provision of services in the second half, which is necessary for the execution of its temporary staff presence in the side; 21. "independent professionals" are natural persons engaged in the provision of a service and is a registered as a self-employed person in the territory of a party that has no business in the territory of the other party, and that is the right ticībā14 signed a contract with the final consumer for the provision of services in the second half, that is necessary for this temporary presence of persons mentioned. section 2 business article 87 scope this section applies to measures adopted or maintained the parties and which affect the uzņēmējdarbību15 of all economic activities, except: (a) the extraction of nuclear materials, production) and pārstrādi16; b) weapons, ammunition and military equipment production or trade; c) audio-visual services; (d) domestic kabotāžu17 and e)) both regular and non-regular domestic and international air transport pakalpojumus18 and services directly related to traffic rights, which are: i) aircraft repair and maintenance services during which an aircraft is not used; II) air service sales and marketing; III) computerised reservation systems (hereinafter CRS) services; IV) service on the ground; v) airport operations services. 88. Article national treatment and most-favoured-nation treatment 1. subject to the reservations listed in part D of annex XVI, Ukraine with the entry into force of this Agreement shall: (i)) in relation to the EU side to the legal entity subsidiaries, affiliates or subsidiary business, treatment no less favourable than their national legal persons, branches and representations or any third country entities, branches and representative offices, applying the best; II) for the EU side the legal entity subsidiaries, affiliates or subsidiary operations in Ukraine after business start-up – treatment no less favourable than their national legal persons, branches and representations or any third country entities, their branches and representative offices, applying the labāko19. 2. subject to the reservations listed in part A of annex XV, the EU side with the entry into force of this Agreement shall: (i)) in respect of the Ukrainian legal entity subsidiaries, affiliates or subsidiary business, treatment no less favourable than their EU parties entities, affiliates and representations or any third country entities, branches and representative offices, applying the best; (ii) as regards Ukraine) legal entity subsidiaries, affiliates or subsidiary activity the EU side after business start-up – treatment no less favourable than their national legal persons, branches and representations or any third country entities, their branches and representative offices, applying the labāko20. 3. subject to the reservations listed in annex XVI of this agreement (A) and (D), the Parties shall not adopt any new regulations or discriminatory measures on the EU side, or the legal business of Ukraine in their territory or in connection with their activities after the commencement of business, compared to the same legal person. 89. Article 1 of the Review in the light of the gradual liberalisation of the business conditions, the Parties shall regularly review the business legal regulējumu21 and the business climate in accordance with its obligations under international agreements. 2. In connection with the review referred to in paragraph 1, the Parties shall assess the business obstacles that they encountered, and began negotiations to eliminate such obstacles with a view to strengthen the provisions of this chapter and include investment protection provisions and dispute resolution between investors and the State. Article 90 other agreements Nothing in this chapter shall in no way prejudice the rights of the parties to benefit from preferential treatment by existing or future international agreements on investment, which was a Member State of the European Union and Ukraine. Article 91 branches and representations of the standard mode 1.88. This agreement, the provisions of article does not preclude a party to apply special rules for affiliates and representative offices of business in its territory, that of the other legal persons not established in the territory of the first party if it is legal or technical differences between such branches and agencies as compared to established in its territory of branches or representations or, in the case of financial services – precautionary reasons. 2. Different mode does not go beyond what is strictly necessary as a result of such legal or technical differences or, as regards financial services, for prudential reasons. section 3 cross-border service provision Article 92 the scope of this section shall apply to measures taken by the parties, which affect the cross-border provision of services in all sectors except: a) audiovisual pakalpojumus22; (b) domestic kabotāžu23 and c)) both regular and non-regular domestic and international air transport pakalpojumus24 and services directly related to traffic rights, which are: i) aircraft repair and maintenance services during which an aircraft is used, not ii) air service sales and marketing, III) CRS services, iv) service on the ground, v) airport operations services. 93. Article 1 of the market access with respect to market access through the cross-border provision of services, each party to the other services and their providers shall be accorded treatment no less favourable than that which is assigned in accordance with the specific obligations contained in annex XVI of this agreement, (B) and (E). 2. the sectors in which the parties undertake obligations regarding market access, measures that the party does not adopt or maintain in force at regional level or across its territory unless annex XVI of this agreement, (B) and (E) except as otherwise provided, defined as follows: (a) the service provider) limit the number of numerical quotas, monopolies, exclusive service suppliers or the requirements of an economic needs test; (b) transactions or assets) of the total value of a numerical quota limitations or economic needs test requirements; (c) the total number of transactions) or service output limits expressed in specific numerical units quotas or economic needs test requirements. Article 94 national treatment 1. In sectors where market access commitments are specified in annex XV to this agreement, (B) and (E) and subject to the conditions and limits laid down therein, in relation to all measures affecting the cross-border provision of services, each Party shall grant the other party the services and service suppliers treatment no less favourable than that it accords to like services and their providers. 2. a party may meet in paragraph 1 of this article the requirements specified on the other side of the services and service providers formally identical treatment or formally different treatment to that it accords to like services and their providers. 3. Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition on the one hand, or the service provider in good in comparison with other similar services or service providers. 4. the specific commitments undertaken by the parties under this article shall not be interpreted so that any of the parties would be required to offset the competitive disadvantage resulting from the relevant service or foreign service providers in the status. 95. Article 1 of the commitment list. the sector is liberalised by the parties under this chapter, and market access and national treatment restrictions of reservation apply other services and service providers in this sector are laid down in annex XVI to this agreement in part B and part E of annex XVI in relation lists. 2. Without prejudice to the rights and obligations of the parties which already exist or may arise in accordance with the Council of Europe 1989 Convention on Transfrontier Television and the 1992 European Convention on cinematographic co-production, this agreement in part B of annex XVI and part E of annex XVI contains a list of the obligations include commitments in the area of audiovisual services. 96. Article review in the light of the gradual liberalisation of the cross-border provision of services between the parties, the Trade Committee shall regularly review this agreement, the obligations referred to in article 95. This review takes place, having regard to the level of success in relation to annex XVII of this agreement the EU acquis in the transposition, implementation and enforcement, and its impact on the still existing obstacles to cross-border provision of services between the parties. section 4 provisional individuals presence on the BUSINESS needs of article 97 scope of this section shall apply to measures of the parties in respect of natural persons providing services, as defined in article 86 of this agreement 17 to 21 points, immigration and temporary uzturēšanos25 in the territory of the parties. Article 98 executives 1. EU parties a legal person or a legal person of Ukraine or its subsidiary, branch and representative offices established for the Ukrainian side under the EU host country laws in force, have the right to employ workers who are the Member States of the European Union and Ukrainian nationals, provided that these employees are executives, as defined in article 86 of this agreement. employed only legal entities, subsidiaries, branches and representative offices. The residence and work permits to cover just such periods of employment. The entry and temporary stay period is up to three years. 2. Accordingly, the Ukraine and the EU side entry of natural persons and temporary residence in the EU or in the territory of Ukraine is allowed if these natural persons are legal persons and persons travelling for the purpose of this agreement, the business of article 86 paragraph 17 (a)). Without prejudice to paragraph 1 of this article, persons travelling for the purpose of business entry and temporary residence period is up to 90 days in the 12 month period. 99. Article trainees with higher education in the EU parties a legal person or a legal person of Ukraine or its subsidiary, branch and representative offices established for the Ukrainian side under the EU host country laws in force, have the right to employ trainees with higher education, which is relevant for the Member States of the European Union and Ukrainian nationals, provided that they are employed only legal persons , subsidiaries, branches and representative offices. This work with higher education to the temporary entry and stay period is one year. 100. Article conduct service vendors Each Party shall permit to enter and reside in the business service vendors for up to 90 days in the 12 month period. 101. Article Līgumpakalpojum providers 1. the parties reaffirm their respective obligations arising out of the parties ' obligations under the 1994 General Agreement on trade in services (hereinafter referred to as GATS) relating to the entry and līgumpakalpojum provider of temporary stay. 2. in each of the sectors listed below, each party to the other party līgumpakalpojum providers in their territory, under the conditions laid down in paragraph 3 of this article and annex XVI of this agreement, (C) and (F) in part on reservations in connection with līgumpakalpojum providers and independent professionals, to provide the following services: (a)) legal services; b) accounting and rēķinvedīb services; c) tax consultancy services; d) architecture, urban planning and landscape architectural services; e) engineering services, integrated engineering services; f) computer and related services; g) research and development services; h) advertising; I) management consulting services; j) with management consulting-related services; (k) technical testing and analysis); l) related scientific and technical consulting services; m) maintenance and repair of equipment in connection with the acquisition or transfer of līgumpakalpojum by rental; n) translation services; o) building site exploration work; p) environmental services; q) travel agencies and tour operator services; r) entertainment services. 3. The commitments entered into by the parties, the following rules shall apply: (a) a natural person is involved) to the temporary provision of services as an employee of a legal person that has obtained a contract for the provision of services that does not exceed twelve months; (b)) the natural persons who shall be appointed by the other side, to offer the services in question as a legal person, who offers these services for at least a year before the application for entry on the other side. In addition, at the time of the application for entry on the other side, the natural persons must be at least three years of professional activity in the sector of pieredzei26, which is the subject of the contract; c) natural persons who shall be appointed by the other side, must be: (i) academic degree or qualification), which points to an equivalent knowledge and līmeni27 ii) professional skills, which are necessary for the work to be carried out in accordance with the laws, regulations and requirements where the service is provided; (d) the physical person) receives another reward for service in the territory of the other party, as only the remuneration paid by the entity that hires the individual; (e) the entry of natural persons) and temporary residence in the territory of the party takes a cumulative period not exceeding six months or, in the case of Luxembourg: twenty-five weeks in any twelve-month period or for the duration of the contract, whichever is shorter; f) access granted under this article shall apply only to the services that are the object of the contract, and not giving the right to use its territory in the professional name where the service is provided; (g) contract for services) the number of persons covered shall be no greater than necessary for the execution of the contract, as may be specified in the legislation of the party and or other requirements that the services are provided; h) other discriminatory restrictions, including rules on the number of individuals economic needs tests in the form specified in annex XVI of this agreement, (C) and (F) in part on reservations in connection with līgumpakalpojum providers and independent professionals. 102. Article 1 independent professionals. the parties reaffirm their respective obligations arising out of the parties ' obligations under the GATS for the independent professional entry and temporary stay. 2. each party listed in the sector in the future allow other independent professionals, within its territory, under the conditions laid down in paragraph 3 of this article and annex XVI of this agreement, (C) and (F) in part on reservations in connection with līgumpakalpojum providers and independent professionals, to provide the following services: (a)) legal services; b) architecture, urban planning and landscape architecture; c) engineering and integrated engineering services; d) computer and related services; e) management consulting services management consulting and related services; f) translation services. 3. The commitments entered into by the parties, the following rules shall apply: (a) a natural person is involved) in the provision of services, which is temporary, as the other side of the self-employed, and have acquired a contract for the provision of services for a period not exceeding twelve months; (b)) at the time of the application for entry on the other side, the natural persons must be at least six years of professional experience in the sector of activity that is the subject of the contract; c) natural persons who shall be appointed by the other side, must be: (i) academic degree or qualification), which points to an equivalent knowledge and līmeni28 ii) professional skills, if this is necessary for the work to be carried out in accordance with the laws, regulations and other legal requirements where the service is provided; (d) the entry of natural persons) and temporary residence in the last period cumulative, not exceeding six months, or, in the case of Luxembourg – twenty-five weeks in any twelve-month period, or the contract period, whichever is the shorter; e) access granted under this article shall apply only to the services that are the subject of the contract and do not give the right to use its territory in the professional name where the service is provided; f) other discriminatory restrictions, including rules on the number of individuals economic needs tests in the form specified in annex XVI of this agreement, (C) and (F) in part on reservations in connection with līgumpakalpojum providers and independent professionals. 5. the legal framework SECTION 1 subsection 103. Domestic framework article scope and definition 1. The following requirements shall apply to the parties to measures relating to licensing, concerning: (a) cross-border) the provision of services; (b) legal and physical person) companies in their territory, as defined in article 86 of this agreement; or (c) the temporary movement of natural persons) stay in their territory, as defined in article 86 of this agreement 17 to 21 points. 2. the cross-border provision of services, these requirements apply only in sectors where the party concerned has undertaken specific commitments, and only to the extent that such specific commitments. Company, these requirements do not apply to this agreement as far as the sectors in annex XV, part A, and part D of annex XVI contains a disclaimer. An individual temporary residence, these requirements do not apply to the sectors for which the agreement in annex XV and XVI (D) of the annex contains the disclaimer. 3. These requirements do not apply to measures, restrictions in so far as they are covered by this agreement, 93 and 94 88. the list referred to in article 1. 4. for the purposes of this section: (a)) "licensing" is a process by which the service supplier or the investor actually requires you to take steps to obtain from the competent authority a decision on permission to provide the service, including as a company, or for permission to start an economic activity that is not in service, including a decision to amend or renew such permission; (b) "competent authority") is any central, regional or local governments and authorities and non-governmental organization in the exercise of powers delegated by Central, regional or local governments or authorities which shall take a decision on the licensing; (c)) "licensing procedures" means the procedures to be followed in the framework of licensing. 104. Article licensing conditions 1. Licensing is based on criteria which preclude the competent authorities of their discretion to exercise arbitrary. 2. in paragraph 1 of this article, the criteria are: a) proportionate to the legitimate public policy purpose; (b)) clearly and unambiguously; c) objective; d) predetermined; previously released on the e); f) transparent and accessible. 3. the authorization shall be granted as soon as an appropriate research, have found that the conditions for obtaining a licence are met. 4. The provisions of this chapter shall apply to article 286 of the agreement. 5. If the number of licenses for a given activity is limited because of the scarcity of available natural resources or technical capacity, potential applicants, the Parties apply a selection procedure that fully guarantees objectivity and transparency, including, in particular, adequate publicity about the initiation, conduct and completion. 6. subject to the provisions of this article, developing rules of the selection procedure, the parties may take into account the legitimate public policy objectives, including health, safety, environmental protection and heritage conservation considerations. 105. Article licensing procedures 1. Authorisation procedures and formalities shall be clear, made public in advance, and they provide applicants with a guarantee that their application will be dealt with objectively and impartially. 2. Authorisation procedures and formalities are simple as possible and do not unduly complicate or delay the provision of the service. The license maksa29, which the applicant may be required to pay as a result of submission of the application, is reasonable and proportionate to the cost of the licensing procedure. 3. Authorisation procedures and formalities shall be such as to provide the applicant with a guarantee that their application will be examined within a reasonable period of time, which has previously been made public. The time limit begins from the moment when the competent authority has received all the documents. If it is justified by the complexity of the issue, the competent authority may extend the time limit for a reasonable period. The extension and its duration according to the justified and communicated to the applicant before the original period has expired. 4. If the application is incomplete, the applicant shall notify as soon as possible, the need to submit additional documents. In such a case, the competent authority may suspend the paragraph 3 of this article, the time limit referred to the time when the competent authority has received all the documents. 5. If an application is rejected, the applicant should be informed without undue delay. Typically, the applicant, on request, be informed of the reasons for rejection, and of the time-limits for appeals against decisions. 2. Subsection the applicable General provisions article 106 mutual recognition 1. None of the provisions of this chapter shall not preclude a party require that individuals have the necessary qualifications and/or professional experience in the relevant sector specific territory in which the service is provided. 2. The Parties shall encourage the relevant professional bodies in their respective territories to provide recommendations to the Trade Committee on mutual recognition, for investors and service providers comply with, in whole or in part, each party's criteria applied by investors and service providers with regard to the issuing of permits, licensing, and certification operations and in particular with respect to professional services. 3. Get the recommendation referred to in paragraph 2, the Committee shall examine it within a reasonable period, to determine whether it is consistent with this agreement. 4. Where, in accordance with paragraph 3 of this article, the procedure laid down in paragraph 2 of this article in that recommendation are considered under this agreement, and the level of compliance between the parties ' respective rules are sufficient, the parties to the implementation of the recommendation to the competent authorities, is negotiating to make qualifications, licensing requirements, and other provisions of the mutual recognition. 5. all such agreements comply with the WTO agreement, in particular of article VII of the GATS, the provisions concerned. 107. Article transparency and disclosure of confidential information the parties 1 reply promptly to all the other requests for specific information on any of its measures of general application or international agreements relating to this agreement or affect it. Each Party shall also be provided in one or more points of information, on request, provide certain information the other investors and service providers on all these issues. The Parties shall inform one another of the information points within three months from the date of entry into force of this agreement. Points of information need not be the depositaries of the laws. 2. Nothing in this Agreement shall require a party, disclosure of confidential information the disclosure of which would impede law enforcement or otherwise be contrary to the public interest and be harmful to a particular public or private enterprises to provide legitimate commercial interests. 3. Subsection computer article 108 Computer concept 1. To the extent that computer has been liberalized pursuant to this section 2, 3 and 4 of section a, and taking into account that the computer and related services make possible the provision of other services and electronic and other ways, the distinction between the parties to enable the services of the electronic content or providing basic services so that content or basic services are not classified as computer and related services , as defined in paragraph 2 of this article. 2. Computer and related to services means services that are defined in accordance with the United Nations, the CCP code 84, including both basic services and features or combinations of basic services, whether delivered over the network, including the internet. Basic services are all services that provide: a computer or computer system) consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, update, support, technical assistance or management; or (b)) computer programs, defined as the set of the instructions necessary for the computer to work and communication (in and of itself), and computer software consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, customization, maintenance, support, technical assistance, management or use; or (c)), data processing, data storage, data, hosting or database services; or (d)) maintenance and repair services of office machinery and equipment including computers; or (e)) the learning services client personnel in connection with computer programs, computers or computer systems that are not elsewhere classified. 4. Subsection postal and courier services, article 109 scope and definition 1. For the purposes of this subsection, all definitely under this chapter 2, 3 and 4 of the liberalised section mail and courier services regulatory principles. 2. For the purposes of this subsection, and these chapters 2, 3 and 4: (a) in section) "licence" means a licence issued by the individual vendor and the managing authority is required before you start an action of a particular provision of the service; b) "universal service" means a defined quality permanent postal services at affordable prices for all users in all locations in the territory of either party. 110. Article anti-competitive practices in the prevention of post and Courier industry maintains or introduces appropriate measures to prevent or to continue anti-competitive practices by suppliers through its position in the market, alone or together, can significantly affect the terms of participation (in terms of price and supply) in the relevant postal and courier services market. 111. Article universal service Each party has the right to determine the kind of universal service obligation it wishes to maintain. Such obligations will not be regarded as anti-competitive per se, to be administered in a transparent, non-discriminatory and competitively neutral manner, and that they are not more burdensome than necessary for the kind of universal service defined by the party concerned. 112. Article license 1. three years after the entry into force of the agreement, the license can request only those services that fall within the universal service area. 2. If you are prompted for a license, make available to the public the following information: (a) the licensing criteria and) all the time usually required to make a decision on the licence application; and (b) the duration and conditions of the license). 3. the reasons for the refusal of the licence at the request of the applicant made him known, and each party to the appeal procedures established by the independent body. The procedure should be transparent, non-discriminatory and based on objective criteria. Article 113 independence of regulators, regulators are legally separate from the postal and courier services and is not subject to them. Regulators and the procedures used are objective with respect to all market participants. 114. Article 1 of the regulation. the parties recognise the importance of approximating the existing Ukrainian legislation with European Union legislation. Ukraine shall ensure that its existing and future legislation to be gradually adjusted to the EU acquis. 2. the approximation process will begin on the date of signature of this agreement, and it gradually expands to all elements of the EU acquis referred to in annex XVII of this agreement. 5. Subsection 115. Electronic Communications article scope and definition 1. For the purposes of this subsection, all definitely under these chapters 2, 3 and 4 of the liberalised section of electronic communications services regulatory principles, except broadcasting. 2. For the purposes of this subsection, and these chapters 2, 3 and 4: (a) in section) "electronic communications services" means all services consisting of the transmission of electromagnetic signals and the reception and normally provided for remuneration, other than a broadcast, and which is not an economic activity that provides content and delivery need telecommunications. Broadcasting is defined as a continuous chain of transmission that requires television and radio programme signal distribution to the general public, but this does not apply to connections between operators; (b)) "public communications network" means an electronic communications network used wholly or mainly for the publicly available electronic communications service; c) "electronic communications network" means transmission systems and, where applicable, switching or routing equipment and other resources which enables signals transmitted by wire, by radio, by optical means or by other electromagnetic means, including satellite networks, fixed (circuit-and packet network, including Internet) and mobile terrestrial networks, electricity cable systems, insofar as they are used to transmit signals, networks used for radio and television broadcasting , and cable television networks, irrespective of the type of information conveyed; (d)) "regulatory body" in the electronic communications sector means the body or bodies which have the responsibility to regulate in this chapter, these electronic communications; e) service vendor is considered to have "substantial market power", if either individually or jointly with others, it enjoys a position equivalent to dominance, that is to say a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and ultimately consumers; f) "interconnector" means a physical and/or logical public communications networks used by the same or another service provider to allow one service provider users communicate with other users of the service provider or access other provider's services. Services may be provided by the parties involved or other parties who have access to the network. Interconnection is a specific type of access implemented between public network operators; g) "universal service" means a set of services of specified quality which is available to all users in the territory, independently of geographical location, and affordable; Each Party shall decide on its scope and implementation; h) "access" means the making available of facilities and/or services, exclusive or non-exclusive basis to another service provider, under certain conditions, for the purpose of providing electronic communications services. This includes, amongst others, access to network elements and associated facilities, which may include equipment with wire or connection (in particular this includes access to the local loop and to facilities and services necessary to provide services to local loop), access to physical infrastructure including buildings, wire lines and poles; access to relevant software systems including operational atbalstsistēm, access number or the transmission system, which offers similar capabilities, access to fixed and mobile networks, in particular for roaming, access to conditional access systems for digital television services, access to virtual network services; I) "user" means a user not providing public communications networks or publicly available electronic communications services; j) "local loop" means the physical circuit connecting the network termination point at the Subscriber's premises to the main distribution frame or equivalent facility in the fixed public telephone network. 116. ARTICLE regulatory authority 1. the Parties shall ensure that the electronic communications regulatory authority is legally distinct from and functionally independent of the electronic communications service providers. If the Party retains ownership of, or control over such service providers, which provide electronic communications networks or services, this party shall ensure effective structural separation of the regulatory functions from activities associated with ownership or control. 2. the Parties shall ensure that the regulatory body has sufficient powers to regulate the industry. The regulatory body deliverables published in an easily accessible and clear way, in particular when tasks are assigned to more than one body. 3. the Parties shall ensure that the decisions of regulatory bodies and the procedures used are objective for all market participants and transparent. 4. the regulatory body shall have the power to analyze the indicative list with specific product and service markets that are included in the pielikumos30 of this agreement. If the regulatory body pursuant to article 118 of this agreement is to decide on the imposition of duties, maintenance, amendment or withdrawal, so based on the market analysis to determine whether the relevant market is effectively competitive. 5. If the regulatory body determines that a relevant market is not effectively competitive, it shall identify and specify the service providers, which have significant market power on that market and thus apply, save or amend specific regulatory obligations referred to in article 118 of this agreement. If the regulatory authority concludes that the market is effective competition, it does not apply or save the nolīguma118. regulatory obligations referred to in article. 6. the Parties shall ensure that the service provider affected by a decision of the regulatory authority has the right to appeal against the decision of the appeal body that is independent of the decision to the persons involved. The Parties shall ensure that due account is taken of the particular circumstances of the case. Following the outcome of the appeal to the regulatory authority's decision, unless the appeal body decides otherwise. If the appeal body by nature is not a judicial body, it will always grounds its decision in writing, and its decisions may be reviewed by the impartial and independent judicial authority. Appeal decisions by the authorities effectively enforced. 7. each Party shall ensure that interested parties have the possibility, within a reasonable time to comment on the draft measure, where the regulatory authority has decided to take measures relating to any of the provisions of this subsection, which could have a significant impact on the relevant market. Regulators of their public consultation procedures. The results of the consultation procedure to the public, except where the information is confidential. 8. The Parties shall ensure that service providers that provide electronic communications networks and services provide all the information, including financial information, necessary for regulatory authorities to enable them to comply with the provisions of this subpart or accepted in accordance with this subpart to decisions. These service providers shall provide such information promptly on request and within the time schedule and the level of information required by the regulatory authority. Regulatory authority the information required shall be proportionate to the task. Regulatory authority duly justify their requests for information. 117. Article permission to provide electronic communications services 1. the Parties shall ensure that the provision of services as much as possible just to permit notice and/or registration basis. 2. the Parties shall ensure that the license may require that the address number and frequency allocation issues. The following license terms and conditions are to be disclosed. 3. If a license is needed, the parties ensure that: (a)) public are all the licensing criteria and reasonable time period usually required to make a decision on the licence application; (b) the licence application) of the reasons for rejection shall communicate to the applicant upon request; (c)) licenses the applicant has the opportunity to turn an appeal body, if the license is not unreasonably denied; (d) licences for maksas31) licenses require a party, shall not exceed the administrative costs, which usually occurs the licence system, management, control and execution. The requirements of this paragraph shall not apply to the licence fees for radio spectrum and numbering resources. 118. Article access and interconnection 1. the Parties shall ensure that the service provider is authorised to provide electronic communications services has the right and obligation to negotiate interconnection with other providers of publicly available electronic communications networks and service providers. Interconnection should in principle agree to commercial negotiations between the corresponding entities. 2. the Parties shall ensure that service providers that interconnection consultation process obtains information from another service provider, to be used only for the purpose for which it was provided, and always adhere to the transmitted or stored information privacy. 3. the Parties shall ensure that, in accordance with article 116 of this agreement found to be on the market in question, including the annexes attached to this agreement, the market competition is not effective, the regulatory body shall have the right to apply to a service provider, which States that it has significant market power, to one or more of the following obligations in relation to interconnection and/or access to: (a) non-discrimination obligation) to ensure that the operator applies equivalent conditions in similar circumstances to other service providers providing equivalent services, and provides services and information to others under the same conditions and of the same quality as is his own services or services provided by its subsidiaries or partners; (b)) the obligation of a vertically integrated undertaking to make transparent its wholesale prices and its local sales prices, if it is established in the non-discrimination obligation, or in order to prevent unfair cross-subsidy. The regulatory body may be used to specify the format and accounting methodology to be used; c) obligation to meet reasonable requests for access and use specific network elements and associated facilities, including unbundled access to the local loop, among others, if the regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect, will impede sustainable competitive market at the retail level, or would not be in the interests of users; (d) the obligation to provide wholesale) specific services for retail sale by third parties; to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services; to provide co-location or other forms of joint use of equipment, including wire line, building or pole joint use; to provide specific services that are required to ensure full interoperability of services to users, including facilities for intelligent network services; to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services; to interconnect networks or network facilities. Regulatory authorities, (c) and (d) of this paragraph)) the obligations can add conditions, including fairness, reasonableness and timeliness; e) obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems, to ensure interconnection and/or access specific ways, in situations where a market analysis shows that a lack of effective competition means that the operator can keep prices excessively high level, or apply a price squeeze, to the detriment of users; Regulatory authorities take into account the investment made by the operator and allow him a reasonable rate of return on adequate capital employed; f) to publish the specific obligations imposed by the supplier of the regulatory body, indicating the specific product/service and geographical markets. Up to date information, provided it is not confidential and does not contain business secrets, the public in a way that ensures that all interested parties can easily access it; (g) the obligation of transparency), which makes the operator a specific public information and, in particular, where an operator has obligations of non-discrimination, national regulatory authorities may require that operator to publish a reference that is sufficiently separated to ensure that service providers do not have to pay for facilities which are not necessary for the service requested, giving a description of the relevant offerings broken down components according to market needs, and the associated terms and conditions, including prices. 4. the Parties shall ensure that the service provider requiring interconnection of service provider, which has significant market power, at any time, or within a reasonable time-limit notified to the public in turn with complaints in an independent local authority, which may be a regulatory body as referred to in article 115 of this agreement, paragraph 2 (d)), to resolve disputes concerning interconnection and/or access terms and conditions. 119. Article 1 limited resources. the Parties shall ensure that all procedures concerning limited resources, including frequencies, numbers and rights, allocation and exercise of implementing the objective, proportionate, timely, transparent and non-discriminatory basis. Data on the current situation regarding the allocated frequency bands be made publicly available, but do not have to specify more detailed data on the frequencies assigned to the specific needs of Government. 2. the Parties shall provide a telecommunications service for the efficient management of radio frequencies on its territory with a view to ensuring the effective and optimal use of the spectrum. If the demand for particular frequencies exceeds their availability, this frequency allocation to follow appropriate and transparent procedures to optimize their use and promote the growth of competition. 3. the Parties shall ensure that the national numbering resources and the management of the national numbering plan entrusted to the regulatory body. 4. If national or local authorities retain ownership or control of such service providers that provide public telecommunications networks and/or services necessary to ensure effective access to the award of structural separation of the function from activities associated with ownership or control. 120. Universal service in article 1, each Party shall have the right to define the kind of universal service obligation it wishes to maintain. 2. The following shall not be regarded as anti-competitive per se, to be administered in a transparent, objective and non-discriminatory basis. The Administration also such duties in relation to competition is neutral and are not more burdensome than necessary for the kind of universal service defined by the party concerned. 3. the Parties shall ensure that all service providers are entitled to ensure universal service and no service provider are not excluded a priori. The designation shall be carried out with effective and transparent mechanisms without discrimination. If necessary, the Parties shall assess whether the provision of universal service is an unfair burden on an organization, which designated as a universal service provider. If such calculations to justify this, and taking into account the market benefit, if any, the organization that offers universal service, the regulatory body determines whether it is necessary for the mechanism of the universal service provider (s) to offset the costs of universal service obligations or the net cost for distribution. 4. the Parties shall ensure that: (a) all saraksti32 users of subscribers) are available in print or electronic form, or both, and are regularly, at least once a year, clarify; b) organisations providing services referred to in point (a)), apply the principle of non-discrimination in the treatment of the information that they have provided to other organizations. 121. Article electronic cross-border provision of services, the parties do not adopt and maintain measures that restrict cross-border electronic communications services. 122. Article information confidentiality each party to a public communications network and publicly available electronic communications services shall ensure electronic communications and the related traffic data privacy without restricting trade in services. 123. Article service provider disputes 1. the Parties shall ensure that in the event of a dispute between service providers, which provide electronic communications networks or services in connection with this chapter refers to the rights and obligations, the regulatory authority of any request by the parties to the dispute shall adopt the binding decision to resolve the dispute as soon as possible and in any case – four months. 2. the decision of the regulatory body to the public, having regard to the confidentiality requirements of the business. The parties concerned would give a full overview of the considerations on which it is based. 3. Where the dispute relates to cross-border provision of services, national regulatory authorities concerned shall coordinate the efforts to resolve the dispute. 124. Article 1 of the regulation. the parties recognise the importance of approximating the existing Ukrainian legislation with European Union legislation. Ukraine shall ensure that its existing and future legislation to be gradually adjusted to the EU acquis. 2. the approximation process will begin on the date of signature of this agreement, and it gradually expands to all elements of the EU acquis referred to in annex XVII of this agreement. 6. Subsection financial services 125. Article scope and definition 1. For the purposes of this subsection, all definitely under these chapters 2, 3 and 4 to section liberalized financial services regulatory principles. 2. For the purposes of this subsection, and these chapters 2, 3 and 4: (a) in section) "financial service" means a service of a financial nature offered by a financial service of one of the parties. Financial services include the following: (i)) insurance and related services: 1. direct insurance (including co-insurance): a) the life insurance, non-life insurance (b)); 2. reinsurance and retrocession; 3. insurance intermediation as an insurance broker and agent performance and 4. insurance ancillary services, such as consultancy, actuarial, risk assessment and claim settlement services. II) banking and other financial services (excluding insurance): 1. deposits and other repayable funds from the public; 2. lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction; 3. financial leasing; 4. all payment and money transmission services, including credit, charge and debit cards, travellers ' cheques and bankers ' drafts; 5. guarantees and commitments; 6. the following object in its own name or trade on behalf of clients in the stock exchange or over-the-counter market: a) money market instruments (including cheques, bills, certificates of deposit), b), c) foreign currency derivatives, including, but not limited to, futures and options, d) exchange rate and interest rate instruments, including products such as swaps and agreement on interest rate futures, e) transferable securities , f) other marketable instruments and financial assets, including bullion; 7. participation in issues of all kinds of securities, including underwriting and placement as agent, (publicly or privately) and provision of services related to such issues; 8. money brokering; 9. asset management, including cash or portfolio management, all forms of collective investment management, pension fund management, deposit and trust services management; 10. financial assets interbank clearing and settlement, including securities, derivative instruments and other marketable securities; 11. financial information and shipping and financial data processing and related software; 12. Advisory, brokerage and other financial services in connection with all activities referred to in paragraphs 1 to 11, including the credit database, and credit analysis, investment and portfolio analysis, advice on acquisitions and on corporate restructuring and strategy; b) "financial service supplier" means any part of the natural or legal person who wishes to provide or provides financial services. The term "financial service supplier" does not include a public institution. (c)) "public authority" means: 1. The Government, the central bank or monetary authority or party owned or controlled by the authority, which mainly carries out governmental functions or activities for governmental purposes, except institutions which are principally engaged in the provision of financial services in accordance with the commercial rules; 2. a private institution, which shall perform the functions usually performed by central bank or monetary authority, when it performs these functions; (d)) "a new financial service" means a service of a financial nature, including services relating to existing and new instruments or the provision of the instrument, which does not provide one financial services provider, but in the territory of the party which gave the territory of the other party. 126. Article precautionary derogation 1. each of the parties may adopt precautionary reasons or to maintain the measures aimed at: (a)) investors, depositors, policy holders or persons to whom a financial service provider's fiduciary obligations, protection; (b)) the parties financial system integrity and stability. 2. these measures shall not cause a greater burden than necessary to achieve their objectives, and does not discriminate against other providers of financial services in comparison with the parties themselves similar financial service providers. 3. No provision of this agreement will not be interpreted in such a way that a party is obliged to disclose information relating to the individual customer transactions and accounts, or any confidential or copyrighted information which is held by public authorities. 4. without prejudice to other cross-border trade in financial services on prudential tools, party may request the other cross-border financial service provider and the registration of financial instruments. 127. Article in effective and transparent regulation 1. Each Party shall use their best endeavours to inform all interested parties on all measures of general application that the Party proposes to these persons should have the opportunity to comment on the measure. For the following measures: (a) inform the official publication or b)) otherwise in writing or electronically. 2. Each party, all interested parties shall be made available for the completion of the application for the provision of financial services. At the request of the applicant party shall inform the applicant of the status of the application. If the party concerned requires additional information from the applicant, it shall immediately notify the applicant. Each Party shall use their best endeavours to ensure that its territory be implemented and applied internationally agreed standards relating to the regulation and supervision of financial services and in relation to tax avoidance. Following internationally agreed standards, inter alia, in the "basic principles of the Basel Committee for bank supervision, effectively" the International Association of insurance supervisory authorities of the insurance "guiding principles", the international organization of Securities Commission securities regulation "goals and principles", OECD "agreement on Exchange of information in tax matters," the G20 statement on transparency, and the exchange of information in the field of taxation "and the financial action task force" forty recommendations on money laundering "and" nine special recommendations on terrorist financing ". The parties take note of the ten key principles of information exchange, which published in the G7 Finance Ministers, and take all the necessary steps to try to apply them in their bilateral relations. 128. Article new financial services the parties permit the other supplier of financial services established in the territory of that party, to provide any new financial services, which are similar to those services that the party allowed to provide their financial services providers in accordance with its internal legislation in similar circumstances. A party may determine the legal form in which the service may provide, and may require the provision of the service. If such authorization is required, a decision shall be taken within a reasonable period of time and may reject this agreement referred to in article 126. 129. Article data processing 1. each Party shall permit the other financial services providers to transmit, within or outside its information in electronic or other form processing, if such treatment requires that the financial service provider's normal operations. 2. Each Party shall adopt appropriate protective measures in individual privacy and the protection of fundamental rights and freedoms, in particular concerning the transfer of personal data. 130. Article specific exclusions 1. None of the provisions of this chapter shall not be interpreted in such a way that the party, including its public entities, from exclusively in its territory to carry out transactions or provide services that are included in the national pension plan or statutory system of social security, except in cases where such activities in accordance with the State party concerned the internal rules may make financial service providers in competition with public entities or private organizations. 2. Nothing in this Agreement shall not apply to the central bank or monetary authority or by any other public authority activities in accordance with the monetary or exchange rate policy. 3. The provisions of this chapter do not prevent a party, including its public institutions, or to lay exclusively within their territory the activities or services to the party or its the expense of the public authorities, with its warranty or on its financial resources. 131. Article Self-regulatory bodies if a party requests the presence or participation of the self-regulatory organizations, securities or futures exchange or market, settlement agencies or other organisations, or associations, or access to such organizations, to other financial service providers to provide financial services under the same conditions as the party financial service providers, or if a party directly or indirectly granted such units benefits or incentives providing financial services, the Party shall ensure that the obligations under this agreement and article 88.94. 132. Article clearing and settlement systems under conditions which correspond to national treatment, each party to the other financial services providers established in its territory, granting access to the public authorities-led payment and settlement systems and to official funding and refinancing facilities available, subject to normal business. This article does not provide access to the side of the last instance of the lender. 133. Article 1 of the regulation. the parties recognise the importance of approximating the existing Ukrainian legislation with European Union legislation. Ukraine shall ensure that its existing and future legislation to be gradually adjusted to the EU acquis. 2. the approximation process will start at the date of signature of this agreement, and it gradually expands to all elements of the EU acquis referred to in annex XVII of this agreement. 7. Subsection 134 article TRANSPORT services scope this subpart establishes compliance with this chapter 2, 3 and 4 in section transport services liberalised regulatory principles. 135. Article international shipping 1. this agreement applies to international maritime transport between Ukrainian ports and ports of the Member States of the European Union, and between the Member States of the European Union ports. It also applies to trade between the ports of Ukraine and third countries, and between European Union ports of the Member States and third countries. 2. This agreement does not apply to internal sea transport between ports of Ukraine or between individual Member States of the European Union ports. Without prejudice to the first sentence, moving equipment, such as the movement of empty containers that are transported as cargo for payment, between Ukrainian ports or between individual Member States of the European Union ports are considered international maritime transport. 3. For the purposes of this subsection, and these chapters 2, 3 and 4: (a) in section) "international shipping" include the direct and intermodal transport services, transport of goods using more than one mode of transport, which involved the period of sea transport, with a single transport document, and therefore includes direct contracts with providers of other modes of transport; (b)) ' maritime cargo handling services "means activities carried out in the stevedoring companies, including terminal operators, but not direct the activities of the port workers, if the workforce is organized independently of the stacking or terminal management companies. Activities the following activities are also organizing and monitoring: i) cargo loading/unloading on Board of the ship, cargo fixing/ii) atsaitēšan; (iii) the adoption/transfers) freight and storage before shipment or receipt; (c) "customs clearance services") (or "customs brokerage services") are measures that include customs formalities on behalf of another person in relation to the import, export or transport of goods, if this service is a service provider operating type or part of its operating activities; (d)) "container deployment and storage services" means measures which involve the storage of containers in the port areas or inland for filling/discharge, repair and preparation; e) "maritime agency services" means the operations of maritime agencies that represent one or more of the marine line or the business interests of shipping in a geographical area for the following purposes: (i)) the maritime transport and related services, trade and sales, from pricing to invoicing, preparation of invoices of goods on behalf of the company, associated services required the purchase and resale, document preparation and with the business-related information (ii)) on behalf of the organisation, organising the entry port of the vessel or, where appropriate, the transfer of goods; f) "transport services" means measures which involve the organisation of freight management and supervision of the consignor in the transport and related services for the acquisition, preparation and conduct of documents providing information; g) "support services" means the international cargo transportation and further advance on the sea, in particular freight containers between ports situated in one of the parties. 4. each Party shall grant, vessels flying the flag of the other party or operated other services, arrangements no less favourable than that accorded to a party granted their vessels or any other vessels of a third country, depending on which mode is more favourable, in particular with regard to access to ports, port infrastructure and services and port izmantošanu33 of ancillary services as well as related fees and charges Customs facilities and quays, and loading and unloading facilities. 5. the Parties apply effectively the principle of unrestricted access to the international maritime market and trade on a commercial basis and without discrimination. 6. Application of article 4 and the principles of paragraph 5 with the entry into force of this agreement: (a) not introduce cargo sharing) conditions for future agreements with third countries concerning maritime transport services, including the dry and liquid bulk trade and liner, and ceased to exercise the following cargo sharing arrangements, if it existed in previous agreements and (b)) repealed and shall refrain from exercising administrative, technical and other measures that could turn out to be a disguised restriction or discrimination against nationals of the other party or a company of international maritime transport services. 7. each Party shall permit other international maritime transport services providers to do business in its territory in accordance with the established and operating conditions that are not less favourable than the conditions it attaches to your country or a third country service providers, depending on where the conditions are more favourable. In accordance with section 2 of this chapter is conditions for such business activities allow the other party to the service provider in accordance with its laws and regulations to perform, for example, this type of economic activity (the list is not exhaustive): a) the maritime transport and related services, marketing and trade publication, from pricing to invoicing in your behalf or other international maritime transport services provider, directly contacting customers; (b) preparation of information) transaction by any means, including computerised information systems and electronic data interchange (subject to any non-discriminatory restrictions concerning telecommunications); (c) preparation of documentation) for transport, customs and other documents related to the origin of the goods transported and properties; (d) the port of entry) or goods delivery in the name of the organization or other international maritime transport services providers; e) any business arrangement with local shipping agencies, including participation in the company's stock, and locally hired employees or contracted employees of the foreign posting in accordance with the provisions of this agreement; (f)) of all kinds of transport, including inland waterways, road and rail service, and all manner of transport auxiliaries necessary for the provision of integrated services, purchase and use in their own name or on behalf of your client (and the resale to their customers); g) operating the equipment necessary for carrying out the acquisition of the property. 8. each party to the other side of international maritime transport services on reasonable terms and conditions, and shall make available without discrimination the following port services: pilotage, towing and tugboat assistance, supplies, fuel and water supply, waste collection and removal of the residue of ballast, Captain of the port services, AIDS to navigation, coastal operational services essential to the operation of the ship, including communications, water and electricity supply, emergency repair equipment , anchorage, berth and mooring. 9. each Party shall permit other international maritime transport services providers to provide international maritime transport services, which involved the period of sea transport to the other inland waterways. 10. each Party shall permit other international shipping service providers without discrimination and on the basis of the agreement among the companies, use extra services between the ports of Ukraine or between individual Member States of the European Union ports, which provides maritime transport services provider established in the first half. 11. this Agreement shall not affect the application of the maritime agreement concluded by Ukraine with European Union Member States on matters which do not fall within the scope of this agreement. If this agreement in certain matters is less favourable than the existing agreements between individual Member States of the European Union and Ukraine, more favourable provisions shall prevail, without prejudice to the obligations of the EU parties and having regard to the Treaty on the functioning of the European Union. This agreement shall replace the provisions of bilateral agreements concluded between Member States of the European Union and Ukraine, if these rules are in conflict with the first or identical to those mentioned, except in the situations referred to in the previous sentence. Continue to apply existing provisions of bilateral agreements which are not covered by this agreement. 136. Article road, rail and inland waterway transport 1. To ensure the transport between the territories of the parties coordinated development and progressive liberalization, adapted to their commercial needs, the conditions of mutual market access to road, rail and inland waterway transport include possible specific future road, rail and inland waterway transport agreements. 2. by paragraph 1 of this article, the conclusion of the agreement referred to by the parties, shall determine the conditions that would make reciprocal market access in more limited compared with the situation on the day before the entry into force of this agreement. 3. Continue to apply existing provisions of bilateral agreements which are not covered by future agreements, referred to in paragraph 1 of this article. 137. Article air 1. To ensure the transport between the territories of the parties coordinated development and progressive liberalization, adapted to their reciprocal commercial needs, the conditions of mutual market access in air transport shall be determined pursuant to the EU-Ukraine common aviation area agreement (hereinafter CA). 2. pending the conclusion of the CA, the Parties shall not take any measures or actions which impose greater restrictions or constitute discrimination as compared with the situation before the entry into force of this agreement. 138. Article regulatory approximation Ukraine adjusted its legislation including administrative, technical and other rules, the EU legislation in force in the field of international maritime transport, in so far as it allows to achieve liberalization and mutual access to markets of the parties and the movement of passengers and goods. The approximation process will begin on the date of signature of this agreement, and it gradually expands to all elements of the EU acquis referred to in annex XVII of this agreement. section 6 electronic commerce 139. Purpose and principles article 1 the parties, recognizing that electronic commerce expands trade opportunities in many sectors, agree to promote electronic commerce, mutual in particular cooperation issues in electronic commerce, in connection with the provisions of this chapter. 2. the parties agree that the development of electronic commerce must be completely compatible with the highest international standards of data protection to ensure user confidence in electronic commerce. 3. the parties agree that the electronic transmission shall be deemed service provision of section 3 of this chapter (cross-border supply of services) means, which cannot be subject to customs duties. 140. Article 1 of the regulation of electronic commerce. the parties form a dialogue for electronic commerce of material regulatory issues; including the following questions are addressed: (a)) public electronic signature certificate issued the recognition and facilitation of cross-border certification services; b) intermediary service provider liability in connection with the transfer of information or storage; c) treatment of unwanted electronic commerce communications; d) consumer protection electronic commerce environment; e) other issues related to the development of electronic commerce. 2. This cooperation may be the exchange of information on the respective legislation of the parties on these issues, as well as the implementation of such legislation. 7. exceptions to SECTION 141. General exceptions article 1 without prejudice to the agreement provided for in article 472. General exceptions, this chapter and annex XVI of this agreement (A), (B), (C), (D), (E) and (F) and annex XVII apply the exceptions provided for in this article. 2. Subject to the requirement that such measures are not applied in such a way that they cause arbitrary or unjustifiable mutual discrimination between countries where the same conditions exist, or business or cross-border provision of services disguised restriction, nothing in this chapter shall be construed so that it would deny a party the imposition or enforcement of measures which: (a)) necessary for public safety or the protection of public morality or the maintenance of public order; (b)) require human, animal or plant life or health; c) refers to a finite, conservation of natural resources, if the following measures are applied in relation to local investors and local service delivery and consumption limits; (d)), the artistic needs of historical or archaeological interest of national wealth; e) necessary to ensure legislation or rules which are compatible with the provisions of this chapter, including the provisions relating to fraudulent or misleading i) practice or breach of the due consequences, ii) protecting your privacy with regard to the processing of personal data and the distribution and the registry and protection of privacy Bill, III); (f)) is not compatible with this agreement article 88 paragraph 1 of article 94, and provided that the treatment difference is intended to ensure the direct tax effective and equal imposition or collection in respect of other business activities, investors or service sniedzējiem34. 3. This chapter and annex XVI of this agreement (A), (B), (C), (D), (E) and (F) and annex XVII shall not apply to the parties ' respective social security systems or for activities in the territories of each party who regularly or occasionally are associated with the exercise of official authority. 142. Article tax measures VLR, granted in accordance with the provisions of this chapter do not apply to the tax regime which the parties have provided or will provide in the future on the basis of agreements between the parties on double taxation prevention. 143. Article exceptions for safety reasons 1. Nothing in this Agreement shall: (a)) requires the parties to provide information if they consider that the disclosure of information contrary to its essential security interests; or (b)) does not prevent the parties from the action they deem necessary in their essential security interests: (i)) in connection with arms, ammunition or military equipment production and trade, ii) relating to the economic activities that directly or indirectly carried out military authorities needs, III) relating to fissionable materials and nuclear materials or the materials from which are derived the above materials, or (iv)) in time of war or other emergency in international relations; or (c)) shall not prevent any of the parties to take measures to carry out obligations they have entered into international peace and security. 7. Chapter current payments and capital movements, article 144 current payments, the parties undertake not to limit authorizations and payments and transfers between the parties on the current account of balance of payments in freely convertible currency, in accordance with the International Monetary Fund, article VIII of the Statute. 145. Article 1. Movement of capital in respect of transactions in the balance of payments of the capital and financial account with the entry into force of this agreement the Parties shall ensure the free movement of capital relating to direct ieguldījumiem35, made in accordance with the laws of the host country, investments made in accordance with section IV of this agreement, Chapter 6 (Business, trade and electronic trade) rules, and with the capital invested and the income it generates conversion liquid or repatriation. 2. In the case of other payment transactions, the balance in the capital and financial account of the entry into force of this agreement, without prejudice to the other provisions of this agreement, the Parties shall ensure: (a)) free movement of capital relating to credits related to commercial transactions or to the provision of services in which a resident of a party; (b)) the free movement of capital relating to portfolio investment and financial loans and credits provided by investors of the other party. 3. Ukraine undertakes to complete transactions between the balance of payments of the capital and financial account, which would be equivalent to the existing liberalisation of the EU side, before it is assigned to the mode of the internal market in financial services in accordance with annex XVII of this agreement, article 4, paragraph 3. A necessary precondition to the Trade Committee could adopt a decision granting the internal market regime for financial services, is of Ukrainian legislation on the movement of capital assessment, positive and continuous execution, in accordance with the Annex XVII to the agreement article 4 of the principles set out in paragraph 1. 4. Without prejudice to the other provisions of this agreement, the parties do not impose new restrictions on the movement of capital and current payments between the EU and Ukraine residents and do not make the existing rules more restrictive. Article 146 protection measures without prejudice to the other provisions of this agreement, if the payment or, in exceptional circumstances, movements of capital between the parties cause or threaten to cause serious difficulties to exchange rate policy or monetary politikas36 activity in one or more Member States or the European Union in Ukraine, the relevant parties may take safeguard measures with regard to movements of capital between the EU and Ukraine for a period of not more than six months If such measures are strictly necessary. The party takes protective measures shall immediately inform the other party of such action and shall submit to it as soon as possible a timetable for withdrawal. Article 147 further liberalisation and Facilitation rules 1. the Parties shall consult with a view to promoting mutual capital movements, to promote the attainment of the objectives of this agreement. 2. The first four years from the date of entry into force of this agreement, the Parties shall take measures to create the necessary conditions for the progressive party for the application of the provisions of the EU free movement of capital. 3. The end of the fifth year after the entry into force of this agreement, the Committee on trade shall review the measures taken and determine the future liberalisation agenda. 8. Chapter public procurement article 148 parties recognise transparent, non-discriminatory, competitive and transparent tender procedure the economic importance of sustainable development and establishing the objective of effective, reciprocal and gradual opening the relevant purchase market. This chapter provides for mutual access to public procurement markets, on the basis of national treatment principle in national, regional and local level, public procurement contracts and concessions in traditional sectors, as well as the public service sector. It determines the progressive Ukrainian public procurement law approximation to EU public procurement the acquis, accompanied by institutional reform and effective public procurement system, based on the EU side the public procurement principles and concepts and definitions set out in European Parliament and Council Directive 2004/18/EC of 31 March 2004 on the coordination of public works contracts, public supply contracts and public service contracts award procedures (hereinafter referred to as Directive 2004/18/EC) and European Parliament and Council Directive 2004/17/EC of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (Directive 2004/17/EC). 149. Article 1 scope This chapter applies to works, supply and service of public procurement contracts, as well as public works, supply and service contracts and public service sector works and service concessions. 2. This chapter shall apply to all contracting authorities and all contractors that comply with EU public procurement acquis definitions (future together – Contracting). It also covers public bodies and public companies in the area of public services, such as State-owned companies to take appropriate actions, and private companies that operate on special and exclusive rights to basic public services. 3. This chapter shall apply to contracts which exceed the value of the threshold laid down in annex XX P. Public procurement contracts the estimated value calculated based on the total amount payable, net of VAT. The application of thresholds, calculation and Ukraine will convert these values in your national currency, using their own national bank exchange rate. The value threshold, starting with the first even number of years after the date of entry into force of this agreement, regular review every two years, based on the average daily rate of the EURO, expressed in special drawing rights (SDRS), the 24-month period ending on the last day of august preceding the revision which is in force from 1 January. Following are the revised threshold values, where necessary, be rounded down to the nearest thousand euros. Revision of the thresholds of the Trade Committee shall be adopted in accordance with the procedure defined in section VII of this agreement (Institutional, General and final provisions). 150. Article Institutional context 1. Parties shall establish or maintain an appropriate institutional framework and mechanisms needed for the procurement system to the proper functioning and implementation of the relevant principles. 2. Institutional reform Ukraine, in particular: (a) designate a central enforcement authority), responsible for economic policy, and whose task is to guarantee a coherent political approach in all areas related to public procurement. This authority facilitates and coordinates the implementation of this chapter and runs the approximation process; b) objective and independent body whose task is to review decisions taken by the contracting authorities or contracting entities awarding the contract. In this context, the "independent" means that the body is a public authority, which is cut off from all contractors and all economic operators. These structures can appeal the decision in court. 3. each Party shall ensure that decisions taken by bodies responsible for complaint handling, executed efficiently. 151. Article 1 of the basic standards the purchase no later than six months from the date of entry into force of this agreement the parties reach basic standards of respect of all purchases as set out in article 2 to 15. These basic standards result directly from public procurement rules and principles as the regulation of EU public procurement the acquis, including non-discrimination, equal treatment, transparency and proportionality. Publication 2. the Parties shall ensure that all planned procurement shall be published in accordance with the media in a way that is sufficient to: (a)) market was open to competition, and (b)) would enable all concerned economic operators adequate access to information about the planned acquisition prior to contract award and to express its interest in obtaining the contract. 3. Publication matches the operating economic analyst interest in the contract. 4. the publication shall contain at least the main components of the contract, the qualitative selection criteria, allocation method, criteria for the award of the contract and other information, which the economic operator is reasonably necessary in order to decide or express an interest in obtaining the contract. Contract award 5. all contracts awarded to transparent and objective in the course of the award procedure to prevent corrupting. Impartiality, in particular, ensure the non-discriminatory description of the subject of the contract, equal access to all economic operators, according to deadlines and transparent and objective approach. 6. a description of the necessary works, supply or service nature, contracting activities and the use of a general description of the functions and international, European or national standards. 7. the required works, supply or service nature description must not refer to a particular product or source, or a particular process, or to trade marks, patents, types or a specific origin or production, unless such reference is justified by the subject of the contract and accompanied by the words "or equivalent". Priority given to actions or general description of the function. 8. the contractor shall not impose conditions which expands on directly or indirectly other economic actors, such as non-discrimination claim that the economic operator who interested to get the contract, the company must be in the same country, region, or territory in which the contractor. Without prejudice to the foregoing, in cases where the specific circumstances of the contract so justifies, the successful applicant may require the execution site to create some kind of business infrastructure. 9. The deadline for expressing interest in and make offers, is long enough to allow the other economic operators seriously to consider and prepare the tender offer. 10. All participants should be able to acquaint themselves in advance with the applicable rules, selection criteria and the award criteria. These provisions apply equally to all participants. 11. Contracting entities may invite a limited number of applicants to submit the offer on condition that: (a)) do it in a transparent way and without discrimination and (b)) based solely on a selection of objective factors such as the experience of the applicant within the sector, company size and infrastructure or other technical and professional abilities. A limited number of applicants invited to submit a tender, take into account the need to ensure adequate competition. 12. Contracting entities may use the negotiated procedure only in exceptional cases, particularly in cases where the following defined procedures use really distort competition. 13. Contracting entities may use a qualification system, provided that the qualified operator shall draw up a list of sufficiently widely advertised, transparent and open procedure. In addition, the contract for which the following system, granted without discrimination. 14. the Parties shall ensure that a contract is awarded in a transparent way the applicant who has submitted the most economically advantageous tender or offer with the lowest price, pamatojto on the criteria and procedures of the competition rules established and announced in advance. Final decisions without undue delay, notify all applicants. That the applicant is not won, the demand is enough to explain the reasons for the decision would be appealed. 15. Judicial protection the Parties shall ensure that persons who are interested in or were interested in getting the authority to enter into a particular contract and who have suffered, or who may suffer from the potential breach, has the right to an effective, objective judicial protection against any Contracting decisions in connection with the award of the contract. Decisions taken in the course of such review procedures or results, to the public in a way that is sufficient to inform all interested economic operators. 152. Article approximation planning 1. Before starting the approximation of Ukraine submitted to the Trade Committee of the comprehensive implementation plan with timelines and milestones, including all the reforms in the approximation of legislation and institutional capacity building. This plan followed the stages and schedules of this agreement set out in annex XXI. 2. the plan covers all aspects of reform and the General legal framework for the implementation of public procurement, in particular: the approximation of public contracts, public service contracts, public works concessions and review procedures, and the strengthening of administrative capacity at all levels, including appeal authorities and enforcement mechanisms. 3. following a favourable opinion of the Trade Committee of the plan shall be considered as the reference document for the implementation of this chapter. The European Union put the most effort to help Ukraine in the implementation of this plan. 153. Article approximation 1. Ukraine shall ensure that its existing and future legislation adopted in the field of public procurement are gradually adjusted to EU public procurement the acquis. 2. the approximation of laws shall take place in successive stages, as defined in annex XXI to this agreement (A), (B) to (E), (G), (H) and (J). Annex XXI to the agreement a F and part I certain elements that are not required to transpose, turn of Annex XXI to the agreement a K and N are those set out in part elements of the EU acquis, which does not include the approximation of legislation in the field. This process shall take due account of the relevant European Court of Justice and the implementing measures adopted by the European Commission and, where necessary, amendment of the EU acquis, adopted in the meantime. The implementation of each phase shall be assessed by the Committee on trade and the Trade Committee's positive assessment of their relation with the mutual granting of market access, as defined by this agreement in annex XX. The European Commission, without undue delay, notify Ukraine of any changes to the EU acquis. It will provide appropriate advice and technical assistance to implement such changes. 3. the parties agree that the Trade Committee begins consideration of the next stage only when the previous stage implementing measures are completed and approved in accordance with this article, the procedure provided for in paragraph 2. 4. the Parties shall ensure that those public procurement aspects and areas, which are not part of this article is in accordance with the principles of transparency, non-discrimination and equal treatment, as laid down in article 151 of this agreement. 154. Article 1 market access. the parties agree that effective and reciprocal opening of their respective market takes place gradually and at the same time. Approximation of the reciprocal market access granted is related to the achievement of this process, as laid down in this agreement in annex XX. 2. the decision to start a new phase of opening up the market to adopt, on the basis of the adopted legislation and practical implementation of quality assessment. This assessment shall at regular intervals carry out trade. 3. To the extent the party of this agreement, in accordance with part A of Annex XXI has opened its procurement markets to the other party, the party will grant Ukraine the EU companies access to contract award procedures, regardless of whether they have a business in the EU side – in accordance with EU public procurement rules, the application of the arrangements no less favourable, as the EU side firms applied. Ukraine-EU party companies regardless of whether they have a business in Ukraine-access to contract award procedures under the public procurement rules, the application of the arrangements no less favourable, as the companies of Ukraine. 4. After the process of approximation of legislation for the implementation of the final phase, the parties will explore the possibility of mutual market access will also be granted for purchases not exceeding 149. of this agreement specified in point 3 of article value thresholds. 5. Finland maintained its position on the åland Islands. 155. Article information 1. the Parties shall ensure that Contracting and economic agents are well aware of the public procurement procedures, including all relevant laws and administrative regulations publications. 2. the Parties shall ensure the effective dissemination of information about the opportunities to participate in competitions. 156. Article 1 of the Cooperation the Parties shall step up cooperation by exchanging experience and information on good practices and legal framework. 2. the EU encourages the implementation of this chapter, including, where appropriate, the provision of technical assistance. In accordance with the rules on financial cooperation in title IV of the agreement (financial cooperation and provisions on combating corruption) certain decisions on financial assistance to the relevant EU funding mechanisms and instruments. 3. the indicative list of issues of cooperation is contained in annex XXI to the agreement O part. 9. Intellectual property section 1 General provisions article 157 of this chapter objectives are: (a)) to facilitate innovative and creative activities in the production and marketing of the products of the parties; and (b)) to make adequate and effective intellectual property protection and enforcement. Article 158 the nature of responsibilities and activities 1. the Parties shall ensure that adequate and effective implementation of international agreements relating to intellectual property to which they are parties, including the agreement on trade-related aspects of intellectual property rights included in WTO annex 1 c of the Treaty (hereinafter referred to as the TRIPS Agreement). The provisions of this chapter shall supplement and further clarify the parties ' mutual rights and obligations established in the TRIPS Agreement and other international agreements in the field of intellectual property. 2. The parties agree that for the purposes of this agreement, intellectual property includes copyright, including the copyright in computer programs and databases, and related rights, the rights relating to patents, including a biotechnology invention patents, trademarks and names, to the extent that they are protected as exclusive property rights the relevant local laws, designs, circuits, configuration (topographies), geographical indications, including appellations of origin names, indications of source, plant variety protection, unpublished information and protection against unfair competition as referred to in the Paris Convention for the protection of industrial property (1967) (hereinafter referred to as the Paris Convention) in article 10 bis. 159. Article technology transfer 1. the parties agree to exchange views and information on local and international practices and policies in connection with the transfer of technology. This includes, in particular, measures to encourage the voluntary information flows, corporate partnerships and licensing and subcontracting. Special attention paid to the conditions that are necessary to create the appropriate environment which allows to transfer technology to host countries, including issues such as the legal framework and human capital development. 2. the Parties shall ensure that protection of intellectual property rights to the legitimate interests of the rightholder. 160. Article exhaustion the parties are free to determine their own procedures as regards the exhaustion of intellectual property rights under the TRIPS Agreement. section 2 intellectual property rights standards subsection 1 copyright and related rights article 161 of the protection conferred by the parties undertake to comply with the: (a)) of the International Convention for the performers, producers of Phonograms and protection of the rights of broadcasting organizations (1961) (hereinafter referred to as the Rome Convention) article 1-22; (b)) of the Berne Convention for the protection of literary and artistic works (1886, last year amended 1979) (hereinafter Berne Convention) article 1 to 18; (c)) the World Intellectual Property Organization (hereinafter referred to as WIPO) Copyright Treaty (1996) (hereinafter referred to as "the WCT") 1 to 14; and (d)) WIPO performances and Phonograms (1996) article 1 to 23. 162. Article copyright term 1. Literary or artistic works under the Berne Copyright Convention 2. the article is in force in the life of the author and 70 years after his death, regardless of when the work is lawfully made available to the public. 2. If the work has more than one co-author, the time limits referred to in paragraph 1 shall be calculated from the last surviving author's death. 3. In the case of anonymous or pseudonymous works, the term of protection shall run for 70 years after the work is lawfully made available to the public. However, when the pseudonym adopted by the author does not allow to doubt about his identity, or if the author of the first sentence in that time reveal his identity, the term of protection laid down in paragraph 1. 4. If the work is published in volumes, parts, instalments, installment or sequels, and the term of protection runs from the time when the work is lawfully made available to the public, the term of protection shall run for each such item separately. 5. in the case of works for which the term of protection is not calculated from the death of the author or authors and which have not been lawfully made available to the public within seventy years from their creation, the protection shall terminate. 163. Article cinematographic and audiovisual works, the term of protection 1. The principal Director of a cinematographic or audiovisual work shall be considered as its author or one of its authors. The parties are free to determine the other coauthors. 2. Of a cinematographic or audiovisual work protection shall expire not less than 70 years after the death of the last person in the following groups of persons, regardless of whether that person is recognized as co-author or not. That group includes at least the principal Director, the author of the scenario, the author of the dialogue and the composer of music specifically written for use in the cinematographic or audiovisual work. 164. Article 1 duration of related rights. The rights of performers shall expire not less than 50 years after the date of the performance. However, if a fixation of the performance this time is lawfully published or lawfully communicated to the public, the rights shall expire not less than 50 years from the date of the first such publication or the first time to the public, whichever happened first. 2. the rights of producers of Phonograms shall expire not less than 50 years after the fixation is made. However, if the phonogram has been lawfully published within this period, the said rights shall expire not less than 50 years from the first lawful publication. If no lawful publication has taken place within the period mentioned in the first sentence, and if the phonogram has been lawfully communicated, the said rights shall expire 50 years from the first lawful communication to the public. 3. The rights of producers of the first fixation of a Film shall expire not less than 50 years after the fixation is made. However, if the movie is that time lawfully published or lawfully communicated to the public, the rights shall expire not less than 50 years from the date of the first such publication or the first such disclosure, whichever happened first. The term "film" means of a cinematographic or audiovisual work or moving images, whether or not accompanied by sound. 4. The rights of broadcasting organizations shall expire not earlier than 50 years after the first transmission of a broadcast, whether this broadcast is transmitted by wire or over the air, including by cable or satellite. 165. Article previously unpublished works of any person who, after the expiry of copyright protection, for the first time lawfully publishes or lawfully public a previously unpublished work, shall benefit from a protection equivalent to the economic rights of the author. The term of protection of such rights shall be 25 years from the date when the work was first lawfully published or lawfully communicated to the public. 166. Article critical and scientific publications, the parties can also protect the public freely accessible critical and scientific publications of works. The maximum term of protection of such rights shall be 30 years from the time when the publication was first lawfully published. 167. Article photo protection photographs which are original in the sense that they are the author's own intellectual works protected in accordance with article 162 of this agreement. The parties may provide for the protection of other photographs. 168. Article Collaboration collective management of the rights of the parties recognise the need to reach an agreement between their respective agencies with the purpose of copyright to mutually provide easier access to content and its distribution between the parties, as well as to ensure that the fees for the service of the parties ' work or other copyright-protected items. The parties recognise that it is necessary to their respective copyright agencies achieve a high level of transparency and streamlining with regard to their respective tasks. 169. Article fixation right 1. fixation of meaning in this article sounds and picture or avatar reproductions of how they can be perceived, reproduced, or transmitted by a device. 2. The Parties shall provide for performers the exclusive right to authorize or prohibit the fixation of their performances. 3. the Parties shall provide for broadcasting organisations the exclusive right to authorize or prohibit the fixation of their broadcasts, whether these broadcasts are transmitted by wire or over the air, including by cable or satellite. 4. Cable distributors are not the rights provided for in paragraph 2, if they only retransmitted by cable broadcasters of broadcasts. 170. Article 1 of the broadcasting and publication of this article: (a) "broadcast" means a sound) or sounds and images or the representation of the transmission system in a public wireless reception, the following broadcasts by satellite, encrypted signal transmission, if the broadcaster provides the public with the means of decryption, or if it is granted with the consent of the broadcasting organizations; (b) "publication" means the performances) or fixed in phonogram or reproduction of sound transmission to the public by any means other than broadcasting. Paragraph 3 of this article, the term "disclosure" includes a sound or a phonogram fixed the sound rendering of public broadcasting. 2. the Parties shall provide for performers the exclusive right to authorize or prohibit the broadcasting by wireless system and their performances, except where the performance is already a broadcast or made from a fixed location. 3. The Parties shall provide to the performers and producers of phonograms the right to a single equitable remuneration when a phonogram published for commercial purposes or reproductions of such phonograms for broadcasting uses a wireless system or for issue and ensure that this remuneration is shared between the relevant performers and phonogram producers. If the conclusion of the agreement between the performers and phonogram producers, the parties may establish rules on how to split the compensation between them. 4. the Parties shall provide for broadcasting organizations the exclusive right to authorize or prohibit the rebroadcasting of their broadcasts by wireless means, as well as the public, if such disclosure is made in places accessible to the public against payment of an entrance fee. 171. Article distribution right 1. the Parties shall provide for authors the exclusive right to authorise or prohibit any form of distribution to the public of the original of their works or of copies thereof, by sale or otherwise. 2. the Parties shall provide for the exclusive right to the public, by sale or otherwise) to d (a)) specified in objects, including copies of: (a)), in the case of the performers in their fixed performances provided; b) phonogram producers, in respect of their phonograms producētaj; (c)) for the producers of the first fixations of films, in respect of the original and copies of their films; (d)), for the broadcasting of the show made the fixation, as laid down in article 169 of this agreement. 3. 172. Article restrictions 1. Parties this agreement may lay down 169.170.171, and rights referred to in article restrictions: a) private use; (b) the use of short excerpts) due to the latest news reports; (c) ephemeral fixation by) a broadcasting organization by means of its own facilities and for its own broadcasts; d) use solely for the purposes of teaching or scientific research. 2. Without prejudice to paragraph 1, the parties may provide the same restrictions on performers, phonogram producers, broadcasters and producers of the first fixations of films, of which they provide protection due to the literary work and the copyright protection of works of art. However, compulsory licences may be provided for only to the extent that they are in accordance with the Rome Convention. 3. the limits referred to in paragraph 1 and in paragraph 2, applied only in certain special cases that do not conflict with the normal exploitation of the subject-matter and do not unreasonably prejudice to the rightholder's legitimate interests. 173. Article reproduction rights the parties provide for the exclusive right to authorise or prohibit direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part: a) for authors, of their works; (b)) for performers, in respect of the fixation of the performance; c) phonogram producers, of their phonograms, of producētaj; (d)) for the producers of the first fixations of films, in respect of the original and copies of their films; e) for broadcasting the fixation of broadcasts made, whether these broadcasts are transmitted by wire or over the air, including by cable or satellite. 174. Article the right to work and the right to notification of other subject-matter to the public 1. the Parties shall provide authors with the exclusive right to authorise or prohibit the public of their works, by wire or wireless means, including the publication of your work in such a way that members of the public may access them from a place and at a time individually chosen by them. 2. The Parties shall provide for the exclusive right to authorize or prohibit the work to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them, namely: a) for performers, of fixations of performances provided; b) phonogram producers, of their phonograms, of producētaj; (c)) for the producers of the first fixations of films, in respect of the original and copies of their films; (d)) for broadcasting the fixation of broadcasts made, whether these broadcasts are transmitted by wire or over the air, including by cable or satellite. 3. the two parties agree that paragraphs 1 and 2 of the said law does not cease with the notification referred to in this article or publication. 175. Article 1. Exceptions and limitations the parties intend that this agreement referred to in article 173 temporary reproduction, which are transient or further reproduction and which is an integral part of a technological process and substantial part, and whose sole purpose is to allow: a) intermediary a transmission in a network between third parties or b) a lawful use in relation to the work or other subject-matter and which have no independent economic significance provided for in article 173, right of reproduction shall not apply. 2. If the parties provide for exceptions or limitations to the reproduction right pursuant to article 173, they may also provide for a similar exception or restriction of this agreement, article 171 (1) of the distribution referred to in the law, to the extent justified by the purpose of the authorized reproduction. 3. the parties to this agreement may be provided and article 174 173. the exceptions and limitations provided for only in certain special cases that do not conflict with the work or other subject-matter to the ordinary use and do not unduly prejudice the rightholder's legitimate interests. 176. Article 1 of the technological features of protection. the Parties shall provide adequate legal protection against the circumvention of any effective technological measures, which the person concerned carries out, realizing his actions, or, if it is to be aware of their actions. 2. the Parties shall provide adequate legal protection against the device, product or component manufacture, import, distribution, sale, rental, advertisement for sale or rental, or possession for commercial purposes or the property of the provision of services, a) are promoted, advertised or marketed the actual technological means for the purpose of circumvention of, or (b)) that commercially significant purpose or use other than to circumvent a technological means of fact, is very limited; or (c)) are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of effective technological measures. 3. for the purposes of this section, the term "technological features" means any technology, device or component which is typically used to prevent or restrict such activities in the works or other subject-matter, which are not authorized by the copyright or related rights holder, as defined in the legislation of the parties. Technological measures shall be deemed ' effective ' where the holder of the right is controlled in a protected work or other subject-matter through the use of access control or protection process, such as coding, creating noise or other work or other subject-matter conversion, or a copy control mechanism, which achieves the protection objective. 4. If a party provides 172. this agreement and article 175 of this right, they can also ensure that rightholders are in person for the good of exception or limitation, the available resources, so that they could use this exception or limitation, to the extent, as necessary, to be able to benefit from the exception or limitation and where that beneficiary has legitimate access to the protected work or subject-matter. 5. Article 175 of this agreement 1 and 2 will not apply to works or other subject-matter, published by the agreed terms of the contract in such a way that members of the public may access them from a place and at a time individually chosen by them. 177. Article information rights management protection 1. Parties shall provide adequate legal protection against any person knowingly performing without authority any of the following: a) the removal or alteration of any electronic rights-management information; (b)) in accordance with this agreement, the protected work or other subject-matter, importing for distribution, broadcasting, communication or making available to the public, without authority, which has been deleted or altered electronic rights management information, if the relevant person knows, or has reasonable grounds to know, that by so doing, it causes, permits, facilitates or conceals the Parties provided for by the legislation of the copyright or related rights. 2. for the purposes of this agreement, the term "rights management information" means any information provided by rightholders which identifies the work or other subject-matter referred to in subsection 1, the author or any other entity, or information on a work or other subject-matter of the terms and conditions of use, and any numbers or codes that represent such information. Paragraph 1 of this article shall apply where the above information refers to subsection 1 refers to a work or other subject-matter copy, or if such information appears in connection with the communication to the public. 178. Article rental and lending right subject and object 1. Parties should provide for the exclusive right to authorize or prohibit the rental or lending: a) the authors, in respect of the original and copies of his work; (b)), for the performers in their fixed performances; c) phonogram producers, in respect of their phonograms producētaj; (d)) for the producers of the first fixations of films, in respect of the original and copies. 2. These provisions shall not apply to rental rights and lending rights in relation to buildings and to works of applied art. 3. the parties may grant a derogation from paragraph 1, the proposed exclusive rights in respect of public lending, provided that at least authors derive remuneration for such lending. The parties free to determine this remuneration taking account of cultural promotion-related goals. 4. If the parties do not apply the exclusive lending right provided for in this article with respect to phonograms, films and computer programs, they shall introduce, at least for the author to remuneration. 5. the parties may exempt certain categories of establishments from 3 and 4 referred to payment of remuneration. 179. Article irrevocable rights to equitable remuneration 1. If the author or artist in his rental right concerning a phonogram or an original or copy of a betrayed phonogram or film producer, that author or performer shall retain the right to obtain an equitable remuneration for the rental. 2. Cannot be waived by authors or performers ' right to equitable remuneration for the rental. 3. the right to obtain an equitable remuneration may be entrusted to administer property rights collecting societies representing authors or performers. 4. the parties may determine if and in so far as may be required to obtain an equitable remuneration rights to administer property rights collecting societies, as well as the question from whom this remuneration may be claimed or collected. 180. Article 1 of the protection of computer programs, the Parties shall protect computer programs, by copyright, as literary works within the meaning of the Berne Convention. For the purposes of this provision, the term "software" shall also apply to the preparation and presentation materials. 2. in accordance with this agreement, the software is protected in all their forms. Under the agreement, copyright does not protect ideas and principles which underlie any element of a computer program, including the ideas and principles underlying interfaces. 3. Computer program shall be protected if it is original in the sense that it is the author's own intellectual creation. In determining whether it should be protected, do not use any other criteria. 181. Article authorship of computer programs 1. The author of a computer program shall be the natural person or group of natural persons who has created the program or, where the legislation of the parties so permits, the legal person designated as the rightholder by that legislation. 2. Exclusive rights in respect of a computer program created jointly by a group of natural persons, are common. 3. If the parties ' collective works are recognized by the legislation, the person designated by the parties as the creator of the work is its author. 4. If a computer program is created by an employee in the execution of his duties or following the instructions given by his employer, the employer exclusively shall be entitled to exercise all economic rights in the program so created, unless otherwise provided by contract. 182. Article Limited actions in respect of a computer program pursuant to this agreement and article 183.184. rules, rights-holder the exclusive right within the meaning of article 181 covers the right to such action or right to authorize such action: a) the permanent or temporary reproduction of a computer program by any means and in any form, in part or in whole. As far as software, demo, charging, transmission or storage of requires to be propagated, such action sanctioned by law entity; b) translation, adaptation, arrangement and any other alteration of a computer program and the reproduction of the results thereof, without prejudice to the rights of the person who alters the program; c) distribution to the public of the original computer program or of copies thereof in any form, including the lease. 183. Article limited exceptions to the operation of computer programs 1. If you do not provide the specific contracts, the actions referred to in article 182 of this agreement (a)) and (b)), do not require authorisation of the rightholder, where they must take the legal acquirer to use the software in accordance with the purpose for which it was intended including error correction. 2. The Person who is entitled to use the computer program may not be prevented by contract a back-up copy, if it is necessary for that use. 3. a Person entitled to use a copy of a computer without the permission of the holder of the right may be to observe, study or test the functioning of the programme, in order to determine the ideas and principles which are the basis of all the elements of the programme, where such a person do it, recharging, featured, using, storing, transmitting or which it is empowered to do. 184. Article 1 of law bodies decompilation, permission is not required if the reproduction and translation code in accordance with article 182 (a)) and (b)) the point is indispensable to obtain the information to achieve the interoperability of the independently created computer program with other programs, provided that the following conditions are met: (a) these acts are performed) the licensee or by another person having a right to use a copy of a program, or a person who received permission to do it for them; (b)) the information necessary to achieve interoperability has not been freely available to the persons referred to in subparagraph (a)); and (c) these actions affect only) original program parts that are necessary to achieve interoperability. 2. Paragraph 1 of this article, the rules prevent the information gained from the application of this article: (a)) to be used for goals other than to achieve the independently created computer program interoperability; (b)) to provide to others, except where necessary for the independently created computer program interoperability; or (c)) use to develop, produce or sell software that is substantially similar to it, or perform any other Act that infringes copyright. 3. in accordance with the provisions of the Berne Convention, this article may not be interpreted in such a way that its application to unduly influence the rightholder's legitimate interests or conflicts with the normal use of a computer. 185. Article 1 of the protection of databases for the purposes of this agreement, "database" means a collection of independent works, data or other materials and individually accessible by electronic or other means, arranged in a systematic or methodical way. 2. protection in accordance with this Agreement shall not apply to computer programs used in the making or operation of databases accessible by electronic means. 186. Article Protected object 1. in accordance with subsection 1 of the database that contains the selection or arrangement is the author's own intellectual creation of the work, as such, are protected by copyright. The right to the protection, use any other criteria. 2. The copyright protection of databases provided for by this subsection does not apply to their content and do not limit any rights that apply to the same content. 187. Article database authorship 1. The author of a database shall be the natural person or group of natural persons who created the base or, where the legislation of the parties so permits, the legal person designated as the rightholder by that legislation. 2. If the parties ' collective works are recognized by the legislation, the economic rights shall be owned by the person holding the copyright. 3. The exclusive rights in respect of a database created by a group of natural persons, are common. 188. Article Limited actions in respect of a database for the database, which is protected by copyright, the author of a database shall have the exclusive right to make or authorize: (a)) temporary or permanent reproduction by any means and in any form, in whole or in part; (b) the translation, adaptation), upgrading or conversion; c) any form of distribution to the public of the database or of copies thereof; (d) any public disclosure), playback or display; (e)) any activity referred to in point (b)) of the outcome of the reproduction, distribution, communication, display or play to the public. 189. Article limited exceptions to the operation of databases 1. to database or a copy of a legitimate user could do any of this agreement specified in article 188 steps necessary to legitimate users can access the contents of the database and use the database, the author's permission is not required. If the lawful user of the database is allowed to use only part of the database, this provision shall apply only to that part. 2. the parties have the right to set limits in article 188 the rights set out in the following cases: (a)) in the case of reproduction for private purposes of a non-electronic database; (b)) where there is use for the sole purpose of illustration for teaching or scientific research, as long as the source is indicated and to the extent justified by the non-commercial purpose to be achieved; (c)) where there is use for the purposes of public security or an administrative or judicial procedure; (d) each of the parties) if traditional copyright applies other exceptions without prejudice to (a), (b) and (c)))). 3. In accordance with the Berne Convention, this article may not be interpreted in such a way that its application to unduly influence the rightholder's legitimate interests or conflicts with the normal use of the database. 190. Article 1 of the resale right hand for the benefit of the author of an original work of art made for resale rights, defined as the inalienable right to receive royalties of as may refuse the above, based on the sale price obtained from any future sales of the work after the author of this work for the first time passed on. 2. the rights referred to in paragraph 1, shall apply to all activities in which the resale as sellers, buyers or intermediaries involved in professional art market professionals carrying out auction houses, art galleries, and in general all kinds of art dealers. 3. the Parties shall, in accordance with their national law may provide that the right referred to in paragraph 1 shall not apply to the activity of resale where the seller has acquired the work directly from the author for a period of not more than three years before the resale and where the resale price does not exceed the specified minimum amount. 4. The royalty shall be payable by the seller. The parties may provide that one of the substances referred to in paragraph 2, the natural or legal persons, except the seller alone is responsible for the payment of royalties or that it shares this responsibility with the seller. Article 191 of the programme broadcast by satellite, each party will provide to the author the exclusive right to authorize the public satellite works protected by copyright. 192. Article cable retransmission, each Party shall ensure that when programmes from other Member States are retransmitted by cable in their territory, in compliance with the applicable copyright and related rights and that such retransmission takes place on the basis of individual or koletīv agreements between copyright owners, holders of related rights and cable operators. 2. Subsection 193 mark. Article 1 of the EU registration procedure and Ukraine provides for trade mark registration system in which the refusal to register the trade mark in question adopted by the administration of trade marks, is duly justified. The reasons for the refusal shall be notified to the applicant in writing, which will be an opportunity to challenge such a refusal and the possibility to appeal against final refusal in court. The EU side and Ukraine also introduces the possibility of opposition to the registration of trade marks. This objection procedure, hearing both sides. The EU and Ukraine provides a publicly available database of trade mark applications and registered trade marks. 2. the Parties shall determine the refusal of registration or grounds for invalidity. Shall not be registered or if registered shall be liable to be declared invalid: (a) signs which do not) shall be capable of constituting a trade mark; b) trade marks which are devoid of any distinctive character; c) trade marks which consist exclusively of signs or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, value, production of the goods or provision of services, geographical origin, or the time and other characteristics of the goods and services; d) trade marks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade; e) signs which consist exclusively of: i) the shape which results from the nature of the goods themselves; or (ii)) the shape of goods which is necessary to obtain a technical result, or (ii)) the shape which gives substantial value to the goods; f) trademarks which are contrary to public policy or to accepted principles of morality; g) trade marks which are of such a nature as to deceive the public, for example in relation to the goods or services to the nature, quality or geographical origin; h) trademarks which are not authorised by the competent authorities and which should be rejected or declared void under 6 ter the Paris Convention article; 3. The Parties shall provide for the validity of the grounds for refusal or in relation to particular earlier right. A trade mark shall not be registered or, if It is established, to be declared invalid: (a)) if it is identical to, an earlier trade mark and the goods or services for which the trade mark or registered are identical with the goods or services that are protected by the earlier trade mark; (b) if the trade mark) identity or similarity to the earlier trade mark or the goods or services covered by that trade mark, of the identity or similarity of the possible association with the earlier trade mark. 4. the parties may also provide other grounds for refusal or non-validity in relation to particular earlier right. 194. Article widely known trade marks of the Parties shall cooperate in order to protect a well-known mark as referred to in the Paris Convention and article 6 bis of the TRIPS Agreement and article 16.2 16.3. Article 195 of the rights conferred by a trade mark registered trade mark shall confer on the proprietor exclusive rights therein. The owner has the right to prevent all third parties not having his consent from using in the course of trade: (a)) any sign which is identical with the trade mark in relation to goods or services which are identical with those for which the mark is registered; (b)) any sign if its identity or similarity between the mark and the goods or services covered by the trade mark of the identity or similarity of the likelihood of confusion on the part of the public, which includes the possibility of association between the sign and the trade mark. 196. Article exceptions to trademark rights allocated 1. Parties as a limited exception to the trade mark rights allocated determines the descriptive term, including geographical indications, the fair use rules provided that such limited exceptions take account of the trade mark holder and third party legal interests. Under the same conditions, parties may provide other limited exceptions. 2. the trade mark shall not entitle the proprietor to prohibit a third person to use, in the course of trade: (a) the name or address); b) indications concerning the type of service provided, quality, quantity, intended purpose, value, geographical origin, the production of goods or rendering of the service, or other characteristics of the goods or service; c) the trade mark where it is necessary to specify the products or the intended purpose of the service, in particular as accessories or spare parts. 3. the trade mark shall not entitle the proprietor to prohibit a third party from using, in the course of trade, an earlier right which is in force in a particular locality if that party's legislation recognizes this right and are in force in the territory are recognized. 197. Article trademark usage 1. If a period of five years from the date of completion of the registration procedures of the owner of the area in question has not actually used the trade mark in relation to goods or services for which it is registered, or if such use has been suspended during an uninterrupted period of five years, the trade mark shall be subject to the sanctions provided for in this subsection, unless there are special reasons not to use them. 2. Use the meaning is also: (a) the use of the trade mark) in a way which differ in ingredients that you do not alter the distinctive character of the mark in the form in which it was registered; (b) affixing of the trade mark) to goods or to the packaging thereof solely for export purposes. 3. use of the trade mark with the consent of the owner, or, if it does, any person who has permission to use a collective mark or a guarantee or certification mark shall be considered the owner's use of the marketed within the meaning of paragraph 1. 198. Article grounds for revocation 1. Parties shall provide that a trade mark should be withdrawn, when the five-year period in the area concerned it is not actually used in connection with the goods and services for which it is registered, and there is no adequate reason not to use them; However, no person may request to cancel the owner's right on the mark, if the intermediate stage between expiry of the five-year period and cancellation of the application started or resumed genuine use of the trade mark; commencement or resumption of use within three months prior to the cancellation of the laiksposm application, which began, at the earliest, after the expiry of the continuous period of five years of non-use period, however not observed, if the commencement or resumption of preparations are made only after the owner learns that the cancellation may be filed with the application. 2. the trade mark should be annulled even if after the date on which it was established: a) the consequence of acts or inactivity of the proprietor, it has become a generic name in marketing product or service in respect of which it is registered: (b)) of the owner of the mark or with his consent, the use of the results in relation to the goods or services for which it is registered, it may mislead the public, particularly as to the characteristics of the goods or services , quality or geographical origin. 199. Article Partial refusal, cancellation or invalidity If the grounds for refusal of registration of the trade mark or its revocation or invalidity exist in only some of the goods or services for which that trade mark has been applied for or registered, refusal of registration or revocation or invalidity shall apply only to the goods or services concerned. 200. Article term of protection the term of protection, which the EU and the Ukraine is available after the filing of the application, there are at least 10 years. Subject to the term of protection may be renewed for further periods of 10 years. 3. Subsection geographical indications article 201 Subsection (1) the scope of this subsection apply to the recognition of geographical indications and protection originating in the territories of the parties. 2. Either party's geographical indications, to be protected by the other party, apply to this agreement only if they fall within the agreement referred to in article 202 of the law. 202. Article Approved geographical indications 1. Having studied the Ukrainian legislation as listed in Annex XXII to the agreement (A) (A) in the section, the party concluded that EU legislation is in conformity with the agreement set out in part A of Annex XXII to the B section. 2. Having studied the EU legislation, the parties listed in Annex XXII to the agreement (A) (A) section, Ukraine concluded that this legislation is in conformity with the agreement set out in part A of Annex XXII to the B section. 3. Ukraine after the completion of the opposition proceedings in accordance with the criteria referred to in Annex XXII to the agreement part B, and examined the geographical indications the EU side in agricultural products and foodstuffs as listed in Annex XXII to the agreement (C), and geographical indications the EU side wines, aromatised wines and spirit drinks listed in Annex XXII to the agreement in point D of which registered to the EU side in accordance with paragraph 2 of that law the protected geographical indication, subject to the level of protection provided for in this subsection. 4. the EU side after the completion of the opposition proceedings in accordance with the criteria referred to in Annex XXII to the agreement part B, and examined the geographical indications Ukrainian wines, aromatised wines and spirit drinks listed in Annex XXII to the agreement in part D, registered in Ukraine in accordance with paragraph 1 of that law this protected geographical indication, subject to the level of protection provided for in this subsection. Article 203 of the new geographical indications to add 1 the parties agree that this agreement in accordance with article 211, paragraph 3, after the completion of the objection procedure and after consideration of geographical indications, as referred to in article 202 of the agreement 3 and 4, and if the result is acceptable to both parties, there is the opportunity to add this agreement Annex XXII to parts C and D of new protected geographical indications. 2. A Party shall not be obliged as a geographical indication protection to a name which is in conflict with a plant varieties or animal species name and is therefore likely to mislead the consumer as to the true origin of the product. 204. Article geographical indications protection scope 1. geographical indications listed in Annex XXII to the agreement (C) and (D), including those which are added pursuant to article 203 of the agreement protects against: (a)) any direct or indirect commercial use of a protected name for products which do not meet the product specification of the protected name, or to the extent such use is based on geographical indications of reputation; b) malicious misuse, imitation or evocation of, even if the true origin of the product is specified, if the protected name is translated, transcribed or transliterēt or followed by the words "kind", "type", "method", "as produced in", "imitation", "flavor", "how" or similar words; (c) any other false or) misleading instructions on product origin, origin, nature or essential qualities, which are on the inner or outer packaging, advertising material or documents relating to the product concerned, as well as in the packaging containers, which creates a false impression about the origin of the product; d) other practice liable to mislead the consumer as to the true origin of the product. 2. Protected geographical indications shall not become generic in the territories of the parties. 3. If the geographical indications are entirely or partially homonymous, protection shall be granted to each indication, provided that it is used in good faith and with due regard for local and traditional usage and how real is the possibility of confusion. Without prejudice to article 23 of the TRIPS Agreement, the Parties shall lay down the practical conditions under which distinguished the homonymous geographical indications, taking into account the need to ensure equal treatment of the producers concerned and that it should not mislead the consumer. Homonymous to mislead the consumer, suggesting that products originating in the other territory, shall not be registered even if the name is correct as regards the product in question, the actual territory, region of origin or location. 4. If one of the parties in the negotiations with the third country proposes to protect those third-country geographical indication and the name is the other homonymous geographical indications, shall inform the other party and gives it the opportunity to comment before the granting of the title of protection. 5. Nothing in this Agreement shall oblige a party to protect the other geographical indication, which is protected in its country of origin or in the country in which protection ends. If geographical indications protection in its country of origin, the Parties shall inform one another. Such notification shall take place in accordance with article 211 of this agreement (3). 6. Nothing in this Agreement shall prejudice the right of any person to use, in the course of its trade or the name of their predecessor in business, except where such name is used in such a way as to mislead the public. 205. Article geographical indications 1. usage rights under this agreement in the name of protecting commercial exploitation of agricultural products, food products, wines, aromatised wines or strong alcoholic beverages pursuant to the relevant specifications, is permitted to everyone. 2. where a geographical indication is protected under this agreement, such use of a protected name is no user registration and further charges. 206. Article relation with trademarks 1. the Parties shall refuse or invalidate the registration of a trade mark corresponding to one of the 204 article of the agreement referred to in paragraph 1 to cases in relation to similar goods protected geographical indication, where the area concerned an application for the registration of a trade mark is filed after the date of the filed geographical indication registration application. 2. in the case of this agreement referred to in article 202 of the geographical indications registration filing date is the date of entry into force of the agreement. 3. in the case of this agreement referred to in article 203. geographical indications registration filing date is the date on which the request is sent to the other party to protect a geographical indication. 4. The parties have no obligation to protect a geographical indication in accordance with article 203 of the agreement if, having regard to the specific or well-known trademarks, protection is liable to mislead the consumer as to the true origin of the product. 5. Without prejudice to paragraph 4 of this article, the Parties shall protect geographical indications, even if the earlier trade mark. Earlier trade mark means a trade mark, the use of which corresponds to one of article 204 of the agreement referred to in paragraph 1 to cases that apply for registration for, or use of a registered establishment, if such a possibility is provided for in the legislation concerned, in the territory of one of the parties prior to the date on which the other party under this agreement applied to protect a geographical indication. This mark may continue to use and update, despite the geographical indications protection, provided that the parties ' legislation on trade marks do not justify this mark be considered void or withdraw. 207. Article Protection the Parties shall ensure the implementation of this agreement up to 204.206. implementation of the protection provided for in article using the appropriate authorities of their activities, including in the customs at the border. The implementation of such protection, they also implemented at the request of the interested party. 208. Article 1 transitional measures for products produced and labelled in accordance with national law before the date of entry into force of this agreement, but does not meet the requirements of this agreement may continue to sell until all items are sold out. 2. the products in accordance with the internal legislation produced and marked with geographical indications, listed below in paragraph 3 and 4, after the entry into force of this agreement and before the lower 3 and 4 above to the end of the term, but does not meet the requirements of this agreement may continue to sell within the territory of the party in which the product originates, until all items are sold out. 3. during the transitional period, which lasts for 10 years from the entry into force of this agreement, under this agreement, the parties to such EU geographical indications shall not preclude the use of geographical indications to designate certain similar products originating in Ukraine or to specify to them: a) Champagne, Cognac, (c) b)) Madeira, Porto, e d)) Jerez/Xérè/Sherry, f) Calvados, g), (h) grappa) Anis Português, i) Armagnac , j) Marsala, k) Malaga, l), Tokaj. 4. During the transitional period, which lasts for seven years from the date of entry into force of this agreement, under this agreement, the parties to such EU geographical indications shall not preclude the use of geographical indications to designate certain similar products originating in Ukraine or to specify to them: a) Parmigiano Reggiano, b), c) Roquefort feta 209. Article 1 General provisions 1.202. This agreement and referred to in article 203 products , export and marketing shall be conducted in the territory of the party according to the applicable laws and regulations, in which the products are placed on the market. 2. Any question arising from a registered geographical indications product specifications, appearance, GI Subcommittee set up in accordance with article 211 of this agreement. 3. in accordance with this agreement, the protected geographical indication registration can be withdrawn only by the party in whose territory the product originates. 4. In the product specification referred to in the subsection is that the amendments, including those approved by the authorities of the party in whose territory the product originates. 210. Article 1 of the Cooperation and transparency. the Parties shall, either directly or in accordance with article 211 of this Agreement created the Subcommittee on GI maintain contact on all matters relating to the implementation and operation of this agreement. In particular, the party may request the other information on product specifications, and it changes and the control provisions of the contact points. 2. Each party public product specifications or the summary and control rules of respect — — contact points that correspond to the other side of the geographical indications protected in accordance with this agreement. 211. Article Sub-committee on geographical indications 1. There is hereby established a Sub-Committee on geographical indications (GI Subcommittee). It shall report on its activities to the Association Committee of this agreement article 465 referred to in paragraph 4. To monitor the progress of implementation of this agreement and to enhance cooperation and dialogue in the area of geographical indications, the GI is a Subcommittee composed of representatives of each party. 2. GI Subcommittee shall take its decisions unanimously. It shall establish its own rules of procedure. It shall meet at the request of one of the parties, alternately in the European Union and Ukraine in time, place and manner (which can include conferencing), made by mutual agreement between the parties, but not later than 90 days after the request. 3. the Subcommittee shall monitor the GI also the proper functioning of this subsection and may consider any question about its implementation and operation. In particular, its area of responsibility includes: (a) amendments to this Agreement) in annex XXI in relation to references to the law applicable to the parties; (b) amendments to this Agreement) Annex XXII, part B concerning the registration of geographical indications and control elements; (c) this Agreement) Annex XXII concerning the criteria for inclusion in the opposition procedure; (d) amendments to this Agreement) Annex XXII parts C and D in respect of geographical indications; e) exchange of information on the legislative changes and policy direction in the area of geographical indications, and on any other question of mutual interest of geographical indications; f) exchanging information on geographical indications, to assess whether it would be appropriate under this agreement. 4. Subsection designs article 212 definitions in this agreement: a) "design" means the appearance of the whole or a part of a product resulting from the product itself and/or its ornamentation the features of, in particular, the lines, contours, colours, shape, texture and/or materials; (b)) ' product ' means any industrial or handicraft item, including inter alia parts intended to be assembled into a complex product, packaging, get-up, graphic symbols and typographic typefaces, but excluding computer programs; c) "complex product" means a product composed of multiple components which can be replaced product disassembly and re-Assembly. 213. Article 1 of the EU requirements for the protection and ensure that independent Ukraine would make protection of designs that are new and the essence of the individual. 2. A design applied to or incorporated in a product which constitutes a component part of a complex product shall only be considered to be new and to have individual character: (a)) if the component part, once it has been incorporated into the complex product, remains visible during normal use of the latter; and (b)) to the extent that those visible features of the component part fulfil in themselves the requirements as to novelty and individual character. 3. A design shall be considered new if no identical design has been made available to the public in the following cases: (a)) in the case of an unregistered design, before the date on which the design for which protection is claimed has first been made available to the public; (b)) in relation to a registered design, before the date of filing the application for registration of the design for which protection is claimed, or, if a priority is claimed, the date of priority. Designs shall be deemed to be identical if their features differ only in immaterial details. 4. A design shall be considered to have individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public: a) in the case of an unregistered design, before the date on which the design for which protection is claimed has first been made available to the public; (b)) in relation to a registered design, before the date of filing the application for registration of the design for which protection is claimed, or, if a priority is claimed, the date of priority. When assessing the individual character of the designs take into account the author's creative approach to create a design. 5. Designs protected by registration, and they give their holders exclusive rights in accordance with this article. The public are not registered gives the same designs exclusive rights, but only if the contested use occurs in a protected copy of the design. 6. considers that the design has been made available to the public if it has been published following registration or otherwise, or exhibited, used in trade or otherwise disclosure, except for these events in the course of normal business practice, did not have to know the person that specialize in the sector in question and work area in which protection is claimed, before the date of application for registration or, if priority is claimed, the the date of priority. Unregistered design protection case, believes that the design has been made available to the public if it has been published, exhibited, used in trade or otherwise disclosure in such a way that for these events in the course of normal business could learn a range of persons who specialised in the sector concerned and the territory in which the work is claimed. The design shall not, however, be deemed to have been made available to the public for the sole reason that it is open to a third person under explicit or implicit conditions of confidentiality. 7. for the purposes of this article, paragraphs 3 and 4, the disclosure shall not be taken into account if the design for which protection is claimed under a registered design rights, made available to the public: a) by the designer, his successor in title, or a third party by the designer, or his successor in title as a result of information provided or action taken; and (b)) during the twelve months prior to the date of filing or, if priority is claimed, the date of priority. 8. paragraph 7 of this article shall also apply if the design has been made available to the public as a result of the abuse against the designer or his successor in title. 214. ARTICLE 1 of the term of protection By registration in Ukraine, the EU side and the term of protection is available in at least five years. The right holder may have to renew the term of protection to one or more of the five-year periods, up to the maximum period-25 years from the date of submission of the application. 2. the term of protection to unregistered designs available on the EU side and Ukraine lasts for at least three years from the date of disclosure of the industrial design in the territory of one of the parties. 215. Article invalidity or refusal of registration 1. EU and Ukraine may provide that registration of a design shall be refused registration, or after it is declared void, only on the basis of serious reasons in the following cases: (a)) if the design does not meet the article 212 of this agreement (a)) definition; (b)) if it does not comply with the requirements of this agreement and article 213.217 (3, 4 and 5;) c) where, in accordance with the Court ruling on the right holder is not entitled to the design; (d)) if the design is in conflict with a prior design which has been made available to the public after the date of filing, or, if a priority, and the priority date of the design, and which is protected from a date that is before that date, the registered design or a design application; e) If a distinctive sign is used in a subsequent design, and the party concerned governing that sign confers on the right holder of the sign the right to prohibit such use; (f)) if the design constitutes an unauthorised use of a work protected under the copyright law of the party concerned; (g)) if the design does not use any relevant Paris Convention listed in article 6 ter object or symbol, emblem and coat of arms, which are not included in the said article 6 ter, which is in the territory of the party concerned, the particular interest of the public. This paragraph shall not affect the right of parties to determine the formal requirements for design applications. 2. As an alternative to the invalidity may determine that the design on the paragraph 1 of this article, for these reasons may be declared invalid, may limit its use. Article 216 of the rights granted to the owner of a protected design is at least the exclusive right to use it and not let it be used by third parties without their consent, in particular, make, offer, market, import, export, or use a product that contains the design or to which it is applied, or to create such a product for the purposes listed items. 217. Article exceptions 1. The rights conferred by a design right upon registration shall not be exercised in respect of: (a) activities carried out by private) needs and for non-commercial purposes; b) actions carried out for experimental purposes; c) acts of reproduction for the purposes of making citations or of teaching, provided that such acts are compatible with fair trade practice and do not unduly prejudice the normal exploitation of the design, and that mention is made of the source. 2. In addition, the rights conferred by a design right upon registration shall not be exercised in respect of: a) the equipment on ships and aircraft registered in another country when these temporarily enter the territory of the party concerned; (b) the party concerned) of imported spare parts and accessories for repairs on such craft. c) repairs on such craft. 3. a design shall not subsist in features of appearance of a product which are solely dictated by its technical function. 4. a design shall not subsist in features of appearance of a product that is sure to the exact form it reproduces and size to product in which the design is incorporated or to which it is applied, mechanically attached or inserted, positioned around it or put off to another product so that either product to function. 5. A design right shall not subsist in a design which is contrary to public policy or to accepted principles of morality. 218. Article For copyright of the design, which is protected by a design right registered in one of the parties in accordance with this subpart, shall also have the right to protection under that party's copyright law, from the date on which the design was created or fixed in any way. To what extent and under what conditions, including the level of originality required, shall be granted such protection shall be determined by each party. 5. Subsection patents article 219 patents and public health 1. the parties recognise the WTO Ministerial Conference of 14 November 2001 adopted the Declaration on the TRIPS Agreement and public health (Doha Declaration). In interpreting and implementing the rights and obligations under this chapter, the Parties shall ensure that compliance with the Doha Declaration. 2. the Parties shall adhere to the WTO General Council of 30 august 2003 on paragraph 6 of the Doha Declaration and promote its implementation. 220. Article 1 of the supplementary protection certificate. the parties recognise that medicinal products and plant protection products, which in their respective territories protects the patent before it offered their respective markets can be applied to an administrative authorization procedure. They recognise that the period between the filing of the patent application to the first authorization to place the medicinal product or plant protection products on the market in question, as they are for this purpose defined in the relevant legislation, you can shorten the period of effective protection of the patent. 2. The Parties shall provide in addition to the term of protection for medicinal products or plant protection products, protected by patent and subject to administrative authorisation procedure, and this additional period equal to the period referred to in paragraph 1, taking away for five years. 3. For medicinal products, which made pediatric research and the results of these studies are presented in product information, the Parties provided in paragraph 2 of this article the said extension of the period of protection for an additional six months. 221. Article 1 of the protection of biotechnological inventions. the Parties shall protect biotechnological inventions under national patent law. If necessary, adjust its patent law to take account of the provisions of this agreement. This article is without prejudice to the obligations of the parties under international agreements and in particular the TRIPS Agreement and the 1992 Convention on biological diversity (CBD). 2. for the purposes of this subsection: (a)) ' biological material ' means any material containing genetic information and capable of reproducing itself or being reproduced in a biological system; b) ' microbiological process ' means any process involving or resulting in microbiological material, performed upon microbiological material. 3. for the purposes of this agreement: inventions which are new, which involve an inventive step and which are susceptible of industrial application shall be patentable even if they concern a product consisting of or containing biological material or a process by means of which biological material is produced, processed or used. Biological material which is isolated from its natural environment or produced by means of a technical process may be the subject of an invention even if it previously occurred in nature. An element isolated from the human body or otherwise produced by a technical process, including the sequence or partial sequence of a gene, may constitute a patentable invention, even if the structure of that element is identical to that of a natural element. Must be disclosed in the patent application the industrial application of a sequence or a partial sequence of a gene. 4. The following shall not be patentable: (a)) plant and animal varieties; b) essentially biological processes for the production of plants or animals; (c)) in the human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene. Inventions which concern plants or animals shall be patentable if the technical feasibility of the invention is not confined to a particular plant or animal variety. (B) of this paragraph) shall not prejudice the patentability of inventions relating to a microbiological or other technical process or a product obtained by such a process. 5. Inventions shall be considered unpatentable where their commercial exploitation would be contrary to public policy or public morality; However, exploitation shall not be deemed to be so contrary merely because it is prohibited by law or regulation. In particular, the following shall not be patentable: (a) the human cloning process); (b)) for modifying the germ line genetic identity of human beings process; (c) the use of human embryos) for industrial or commercial purposes; d) modifying the genetic identity of animals which are likely to cause them suffering without any substantial medical benefit to man or animal, and also animals resulting from such processes. 6. the protection that the patent confers biological material as a result of the invention which has special features apply to any biological material derived from that biological material for propagation in an identical or divergent form and possessing those same characteristics. 7. The protection afforded by the patent grant process, which allows you to process biological material, which resulted in the invention possess specific characteristics also apply to biological material directly obtained by such process and to any other biological material derived from the directly obtained biological material, reproduction in an identical or divergent form and possessing those same characteristics. 8. the protection that the patent confers, which contains or is made up of genetic information also apply to all materials, other than those provided for in paragraph 4 of this article, (c)), which includes product and which contains genetic information and carry out its function. 9. the protection referred to in point 7 and 8 shall not apply to biological material derived from that biological material breeding or propagation, which is placed on the market in the territory of the party, the holder of the patent or placed on the market with his consent, where the multiplication is certainly resulting from its use, for which the biological material was marketed, provided that the material obtained is not subsequently used for other propagation or cultivation. 10. by way of derogation from paragraph 7 and 8, if the holder of the patent or with his consent, sell or in any other way disposed of plant propagating material to a farmer for use in agriculture, it means that farmers with this gets permission to use their harvest for the production or reproduction of the products in the same farm. About this derogation and the conditions meet the conditions that the parties ' laws, regulations and practices designed for plant variety rights. By way of derogation from paragraph 7 and 8, if the holder of the patent or with his consent, sell or in any other way disposed of farmer breeding animals or other animal reproductive material, this means that the farmer receives with the permission to use the protected livestock for agricultural purposes. This includes animal or other animal reproductive material for the purpose of offering to perform agricultural activity but not sale for commercial reproduction, in accordance with its purpose, or. The derogations provided for in advance and the conditions established by the national laws, regulations and practices. 11. The Parties shall provide for the forced pretlicencēšan in the following cases: (a)) where a breeder cannot acquire or exploit a plant variety right without infringing an earlier patent, he may apply for a compulsory licence for non-exclusive use of the invention protected by the patent inasmuch as the licence is necessary for the exploitation of the plant variety to be protected, subject to payment of an appropriate royalty. The parties intend that such licence is granted, the patent holder is eligible for will be protected with reasonable terms and conditions of use of the variety; (b) if the patent for a biotechnological invention) the owner cannot use it, without prejudice to the earlier of the plant variety right, he may apply for a compulsory licence for non-exclusive use of the plant variety protected by that right, subject to payment of an appropriate royalty. The parties intend that such licence is granted, the holder of the right to a variety is eligible for will be the invention protected by the reasonable conditions. 12. in paragraph 11 of this article the said license applicants to prove that: a) they have applied unsuccessfully to the holder of the patent or of the plant variety right to obtain a contractual licence; (b)) the plant variety or the invention constitutes significant technical progress of considerable economic interest compared with the invention claimed in the patent or the protected plant variety. 222. Article data submitted for authorisation of the placing of the market of the medicinal product, protection 1. Parties implemented a comprehensive system that guarantees the data confidentiality and non-disclosure, filed for permission to offer the market a medicinal product, and does not refer to them. 2. to this end, if a party requests the submission of test data or studies on the safety and efficacy of the medicinal product before granting an authorisation for the marketing of such products, party for at least five years from the first date of confirmation in this side does not allow other applicants to market the same or a similar product, on the basis of the marketing authorisation granted for the applicant who submitted the trial data or studies, except where the applicant who submitted the trial data or research give consent. In this period the trial data or studies submitted by the first approval, will not use any further right of the applicant wishing to obtain a marketing authorisation for medicinal products, except if the first applicant expressly gives his consent. 3. Ukraine aligned its legislation on data protection in relation to medicinal products with EU legislation, for the harmonisation of specific date decided by the Trade Committee. Article 223 protection of data relating to plant protection products 1. the Parties shall, before the issue of the placing of plant protection products on the market to determine the safety and efficacy requirements. 2. the parties recognise the right of the provisional test or study report the owner first submitted, for a plant protection product marketing authorisation. In this period the trial or study report will not use any other person who wants to get a plant protection product marketing authorisation, except where the first owner expressly gives his consent. The following rights are further referred to as "data protection". 3. the Parties shall determine the conditions that must be met in the experimental or research report. 4. the data protection period is at least 10 years from the date on which the party concerned has issued the first permit. The parties may decide on the extension of the term of protection, low-risk plant protection products. In this case, the period may be extended to 13 years. 5. the parties may decide that these deadlines extended for each narrow usage permissions pagarinājumam37. In this case, the total period of data protection may not exceed 13 years or low-risk plant protection products – 15 years. 6. experimental or research protects even if it was necessary for the renewal or revision of a permit. In such cases, the data protection period is 30 months. 7. the parties will adopt rules in order to avoid duplication of testing on vertebrate animals. Any applicant intending to perform tests and studies involving vertebrate animals shall take the necessary measures to ensure that such tests or studies have already been performed or initiated. 8. The new applicant and the holder or holders of the authorisation shall make every effort to ensure that the test and study involving vertebrate animals, the results. The cost of the test and results of research exchange are determined in a fair, transparent and non-discriminatory basis. The new applicant must contribute to the costs only with respect to the information that he submit to meet the authorisation requirements. 9. If the new applicant and the plant protection products concerned the authorisation holder or holders cannot agree on testing on vertebrate animals and the exchange of research results, the new applicant shall inform the party. 10. failure to agree does not prevent the party concerned to use the trial and study involving vertebrate animals, reports the new applicant for the examination of the application. 11. the authorisation holder or holders may bring legal action against new applicants at a fair cost. The party concerned may direct the parties to a resolution of the issue in the official and binding arbitration, to be managed in accordance with national law. 6. Subsection of the topographies of SEMICONDUCTOR PRODUCTS article 224 definitions in this subsection: (a)) ' semiconductor product ' shall mean the final or an intermediate form of any product that consists of a body of material which includes a layer of semiconducting material, and having one or more other layers composed of conducting, insulating or semiconducting material, the layers being arranged in advance and three-dimensional structure, and which is intended to perform an electronic function only or together with other functions; (b) the "topography" of a semiconductor) is a group of related images, whatever, however fixed or encoded, which displays the layers of which a semiconductor product is composed, three-dimensional structure; and picture series, each image has the pattern or part of the pattern of a surface of the semiconductor product at any stage of its manufacture; (c)) "commercial exploitation" means the sale, rental, leasing or any other method, or komercizplatīšan offer with this goal. But this agreement for the purposes of article 227 commercial use does not include use of confidential to the extent that no further distribution to third parties. 225. Article protection requirements 1. the Parties shall protect the topographies of semiconductor products by adopting legislative provisions conferring exclusive rights in accordance with the provisions of this article. 2. The parties intend that the topography of a semiconductor product shall be protected in so far as it satisfies the conditions that it is the result of its creator's own intellectual effort and is not commonplace in the semiconductor industry. Where the topography of a semiconductor product consists of components that are common in the semiconductor industry, it is protected only to the extent that the combination of these ingredients in their entirety comply with the above conditions. 226. Article exclusive rights 1. The exclusive rights referred to in this agreement, article 225, paragraph 1, include the right to authorize or prohibit the following: (a) reproduce the topography) in so far as it is protected in accordance with this agreement, paragraph 2 of article 225; b) commercial exploitation or the importation for that purpose of a topography or of a semiconductor product manufactured by using the topography. 2. The exclusive rights referred to in paragraph 1 of this article, (a) does not apply) the topography or the topography itself the idea, process, system or technique of reproduction analysis, evaluation or teaching purposes. 3 the exclusive rights referred to in paragraph 1 of this article shall not extend to any of the following activities with respect to topography, which corresponds to article 225 of the agreement (2) the requirements and which is created on the basis of another topography analysis and assessment carried out pursuant to paragraph 2 of this article. 4. the exclusive right to authorize or prohibit the activities mentioned in paragraph 1 of this article, (b)), shall not apply to activities which are carried out after the topography or the semiconductor product has been lawfully placed on the market. 227. Article protection duration exclusive rights last for at least 10 years after the topography is first commercially exploited anywhere in the world or, where registration is a condition for the coming into existence or continuing application of the exclusive rights,-10 years from the earlier of the following days: (a)) the end of the calendar year in which the topography is first commercially exploited anywhere in the world; (b)) the end of the calendar year in which the application for registration has been filed in due form. 7. Subsection other provisions article 228 varieties of plants, the Parties shall cooperate to develop and strengthen the protection of plant variety rights under the 1961 International Convention for the protection of new plant species, revised 10 November 1972, 1978 October 23 and 19 March 1991 in Geneva, including the dispozitīv exception for breeders ' rights provided for in the Convention in article 15.2. 229. Article genetic resources, traditional knowledge and folklore 1. the Parties shall in accordance with its national law, and the respect and maintain the indigenous and local communities with traditional lifestyles, knowledge, innovation and practices relevant to the conservation and sustainable use of biological diversity and promote their wider use, involving and recognising the holders of such knowledge, innovation and practices common to the maker, and facilitating such knowledge, innovation and practices resulting in the use of the fair distribution of benefits. 2. The parties recognise the importance of taking appropriate measures in accordance with national law, to preserve the traditional knowledge, and agree to continue to develop internationally agreed sui generis models for the legal protection of traditional knowledge. 3. The parties agree that the provisions of this subsection and the CBD on intellectual property be implemented, mutually supporting each other. 4. The parties will regularly exchange views and information on the multilateral consultations. section 3 of the intellectual property rights enforcement article 230 General obligations 1. both parties reaffirm their obligations under the TRIPS Agreement, and in particular its part III, and provides the following additional measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights izpildi38. Those measures, procedures and remedies are fair and appropriate and are not unnecessarily complicated or costly, and they are not to be inopportune time or with undue delay. 2. the measures and remedies are also effective, proportionate and dissuasive and shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to ensure that they are not used maliciously. 231. Article eligible applicants 1. Parties of persons eligible to claim this section and part III of the TRIPS agreement on those measures, procedures and remedies applied, admits: a) intellectual property right holders under the applicable law; b) any other person authorised to use those rights, in particular licensees, in so far as it allows the provisions of applicable law and in accordance with them; (c) professional defence bodies), regularly recognised as such, entitled to represent the subject of intellectual property rights, to the extent permitted by applicable law and in accordance with those rules. 2. The persons eligible to claim this section and part III of the TRIPS agreement on those measures, procedures and remedies applied, can recognize intellectual property property rights collective management bodies, regularly recognised as entitled to represent holders of intellectual property rights to the extent permitted by applicable law, and in accordance with them. 1. Subsection CIVIL measures, procedures and remedies in article 232. Presumption of copyright or property rights the parties acknowledge that this agreement provides for the measures, procedures and remedies for the purposes of applying: (a) literary or art) to the author of the work, unless there is evidence to the contrary, be considered the author, therefore it is also entitled to take legal action against the alleged abuser, is enough that his name (s) normally is referred to at work or on the way; (b)) rules in accordance with point (a)), shall apply mutatis mutandis to the holders of related rights in relation to the protected object. 233. Article evidence 1. If the party has provided sufficient evidence to substantiate its claim, and, based on their requirements, stated on the evidence, controlled by the opposite party, party the judicial authorities shall have the right to require the other party to show that evidence under conditions which ensure the protection of confidential information. 2. Under the same conditions, if intellectual property rights infringement done for commercial purposes, the Parties shall take the measures necessary to the competent judicial authorities where appropriate and upon receiving the application, may require the opposite party in a banking, financial or commercial documents, subject to the requirements of the protection of confidential information. 234. Article measures for the conservation of evidence 1. the Parties shall ensure that, even before the proceedings in a case, the competent judicial authorities, to receive submissions from the parties, which has provided it with available evidence to support the claim that its intellectual property rights have been violated or about to be violated, may provide a quick and effective provisional measures to preserve relevant evidence in regard to the alleged infringement, subject to the requirements of the protection of confidential information. Such measures may include possible embodying infringing goods, and, where appropriate, the materials and implements used in the production of the goods and/or distribution, as well as documents relating to the goods detailed description of taking or not taking the samples, or attachment. These measures shall be taken, where necessary, without hearing the other side, in particular where any delay could cause irreparable harm to the right holder, or where there is a demonstrable risk that evidence may be destroyed. 2. the Parties shall ensure that the measures for the preservation of evidence or otherwise terminate their operation after the request of the defendant, without prejudice to the right to compensation of damage which can be claimed, if the applicant does not, within a reasonable time in proceedings on the merits of the matter, the relevant judicial authority. 235. The right to information in article 1 the Parties shall ensure that the competent judicial authorities in the context of the litigation concerning the infringement of intellectual property rights, and, in response to a justified and proportionate request may require that information on the origin of the goods or services and distribution networks, to which infringe intellectual property rights, provide the infringer and/or any other person: (a)) which found that it is in possession of goods embodying infringing commercial transaction-specific; (b)) which found that it uses embodying infringing services on a commercial scale; (c)) that is found in the business-specific services used in the activities of or embodying infringing d) that (a) of this paragraph), (b) or (c))) are referred to as the person involved in the production of the product concerned, production or distribution or provision of the services concerned. 2. the information referred to in paragraph 1 shall include: (a)) the goods or services concerned for the producers, manufacturers, distributors, suppliers and other former holders of the goods or services names and addresses, as well as the intended wholesalers and retailers; b) information about the manufacturers, producers, suppliers, received or ordered, as well as the quantities, the price paid for the goods or services concerned. 3. paragraphs 1 and 2 shall apply without prejudice to other legal provisions that: (a)) gives the entity the right to obtain more information; b) regulated under this article, the use of the information obtained in civil proceedings or criminal proceedings; (c) the responsibility for governing law) to information abuse; (d)) makes it possible to refuse to provide information that will make this article a person referred to in paragraph 1 to admit that it or its close relatives have taken note of the participation in the infringement of intellectual property rights; e) governed by the source of information or the processing of personal data privacy protection. 236. Article provisional and precautionary measures 1. the Parties shall ensure that, at the request of the applicant, the judicial authorities can prepare interim measures to avoid possible infringement of intellectual property rights or to temporarily prevent the possible continuation of the infringement, in appropriate cases, if provided for by national law, charging regular penalty, or to allow the continuation of such a measure only if it is given a guarantee intended to ensure the compensation of the right holder. Interim measures in accordance with the same conditions can also be determined in relation to an intermediary, which services are used by a third party, the violation of intellectual property rights. 2. Interim measures can also be established, to give orders to arrest or returned goods that may infringe intellectual property rights, to prevent them getting into movement or sales channels. 3. If the offence is committed on a commercial scale, the Parties shall ensure that, where the applicant indicates to the circumstances that may hinder the recovery of the reimbursement of damage, a judicial authority may order, as a precautionary measure, to apply the potential violators of the moveable and immovable property of the arrest, including his bank accounts and other assets of the lock. To this end, the competent authorities may require a bank, financial or commercial documents, or appropriate access to the required information. 4. the Parties shall ensure that, in paragraph 1, 2 and 3 referred to interim measures where appropriate, can be made without the defendant's response, in particular in cases where any delay would cause irreparable damage to the holder of the right. In this case, both parties shall inform about the measures without delay and at the latest immediately after doing so. At the defendant's request to recalculate the proceedings, including the right to be heard, to within a reasonable time after notification of the measures, or the measures decided should be amended, repealed or approved. 5. the Parties shall ensure that the provisional measures referred to in paragraph 1, points 2 and 3 shall be cancelled or otherwise terminated their operations at the request of the defendant, if the applicant does not, within a reasonable time in proceedings on the merits of the matter, the relevant judicial authority. 6. where the provisional measures shall be repealed or if they are no longer in force, the applicant's action or lack of action, or if you later find that intellectual property right infringement or threat of infringement has been committed, the judicial authorities shall have the power to request the defendant to the claimant to provide the defendant adequate compensation for the injury. 237. Article corrective measures 1. the Parties shall ensure that the competent judicial authorities, at the request of the plaintiff, breach, without prejudice to the right holder damages caused and not providing any compensation, can give orders to withdraw, withdraw from the trade channels or destroy goods which were found to infringe intellectual property rights. Where appropriate, the competent judicial authorities may also give an order to destroy the materials and implements principally used in the creation or production of the goods. 2. the judicial authorities shall order taking such measures to the infringer's expense, unless there are special reasons not to do it. 238. Article warrants the Parties shall ensure that if accepted the Court ruling, which found an infringement of intellectual property rights, judicial authorities in respect of violators to issue an injunction to prevent infringement to continue. If local law allows, for defying the injunction in the case paid regular periodic penalty payments in order to ensure the enforcement of the injunction. The Parties shall also ensure that rightholders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe an intellectual property right. 239. Article alternative measures the parties may provide that, in appropriate cases and at the request of the person subject to this agreement and/or 237.238. the measures provided for in article 1, the competent judicial authorities instead of the application of this agreement and/or 237.238. the measures provided for in article referred to the guilty person can make money in compensation paid to the injured party if the guilty person has acted involuntarily and without negligence If the measures that person a disproportionate harm and if the money compensation seems acceptable. 240. Article damages 1. the Parties shall ensure that the judicial authorities, in determining damages: a) takes into account all the relevant aspects, such as the injured party in dealing with the negative economic consequences, including lost profits, the infringer's profits unfairly, and, where appropriate, other elements, other than economic factors, such as the entity resulting from the infringement of the moral hazard, or (b)), where appropriate, as an alternative to (a) of this paragraph) that can detect a lump sum for damages based on certain factors and certainly given a royalty or payment amount that would be received if the infringer had requested authorisation to use the intellectual property rights. 2. where the infringer embodying infringing activities have involved whether he had intentionally not been aware it based, the parties may provide that the judicial authorities may order in favour of the injured party to recover profits or damages, which may be pre-established. Article 241 the court costs for the Parties shall ensure, that reasonable and proportionate legal costs and other costs incurred by the successful party in the case, generally shall be borne by the losing party, unless this is contrary to the principles of Justice. 242. Article publishing the Court ruling parties provides that in proceedings for infringement of intellectual property rights, the judicial authorities may, at the request of the applicant and of offending features to apply appropriate measures for the dissemination of information about the Court ruling, including notification of the ruling, and its publication in full or in part, for publication. The parties may provide for other additional publicity measures which are appropriate in appropriate circumstances, including large-scale advertising. 243. Article administrative procedures administrative procedures in so far as the decision may be defined in any civil remedy, such procedures shall conform to principles equivalent in substance to those set forth in the relevant provisions of this subsection. 2. Subsection intermediary service provider liability in article 244 of intermediary services both parties aware that third parties with activities related to the services of intermediaries may increasingly be used. To ensure the free circulation of information services and at the same time protect the intellectual property rights in the digital environment, each Party shall provide for the measures set out in this subsection for intermediary service providers. This subsection applies only to liability arising from intellectual property rights, in particular copyright, pārkāpuma39. 245. Article intermediary service provider liability-"simple transmission" 1. If you provide an information society service, consisting of the recipient of the information provided by the broadcasting communication network or providing access to a communication network, the Parties shall ensure that the service provider is not liable for the information transmitted, on condition that the provider: (a)) does not initiate the transmission; (b)) does not select the receiver of the transmission, and (c)) does not select or modify the information contained in the transmission. 2 in paragraph 1 of this article the said data transmission and access activities include Auto, starpniecisk and temporary storage of the information transmitted in so far as it is carried out solely for the purpose of the transmission in the communication network, and provided that the information is not kept for longer than the time required for such transmission. 3 this article shall not affect the possibility for a court or administrative authority, in accordance with their legal systems, of requiring the service provider to terminate or prevent an infringement. 246. Article liability of intermediary service providers – "caching" 1 If is given information society service, consisting of the information provided by a recipient of the service for the transmission of communications network, the Parties shall ensure that the service provider is not liable for the automatic, starpniecisk and temporary storage of that information, performed for the sole purpose of making more efficient onward transmission of information to other recipients of the service upon their request, on condition that the provider: (a)) does not modify the information; (b) comply with the provisions of) access to information; c) complies with rules regarding the updating of the information, specified in a manner widely recognised and used by industry; (d)) does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information; and (e)) works fast to remove information or deny access to information kept by it, after obtaining this information, that the original source of the transmission has been removed from the network, or access to it is denied, or the Court or the administrative authority is requested to remove such information or deny access. 2. This article shall not affect the possibility for a court or administrative authority, in accordance with their legal systems, of requiring the service provider to terminate or prevent an infringement. 247. Article intermediary service provider liability – "storage" 1. If you provide an information society service, consisting of the information provided by a recipient of the service, storage of the parties ensure that the service provider is not liable for the information stored at the request of a recipient of the service, provided that: (a)) the provider does not have actual information of illegal activity or information and, as regards claims for compensation is not aware of facts or circumstances from which the illegal activity or information is apparent or (b)) the provider, upon obtaining the information or act quickly to remove such information or deny it access. 2. paragraph 1 of this article shall not apply if the recipient of the action detects or controls the service provider. 3. This article shall not affect the judicial or administrative authority, in accordance with their legal systems, the right to require the service provider to terminate or prevent an infringement, nor does it preclude the parties determine the information's removal or barring of access procedures. 248. Article general monitoring obligations (1) the absence of party service providers, which are applicable to this agreement, 246.245 and 247. Article, does not impose a general obligation to monitor the information they transmitted or stored, and also imposes a general obligation actively to seek facts or circumstances indicating illegal activity. 2. the parties may determine the duties to information society service providers inform the competent public authorities of alleged illegal activities undertaken or information, or give it to the recipient, or on request, to notify the competent authorities of information that allows the identification of recipients of their service with whom they have concluded contracts for the storage of information. 249. Article transition period Ukraine fully implementing the obligations listed in this subsection within 18 months from the entry into force of this agreement. subsection 3 miscellaneous provisions article 250, measures at the border 1. In these regulations, "goods infringing an intellectual property right" means: (a) "counterfeit goods"), namely: (i) goods, including the packaging), which without permission is a trademark that is identical with the trade mark which has been lawfully registered the same type of goods, or mark the material aspects cannot be distinguished from such trade mark, and which thereby infringes the trademark-holder's rights; II) any trademark symbol (logo, label, sticker, brochure, instructions for use or guarantee document), if presented separately, on the same terms applicable to the goods referred to in subparagraph (i)); III) separately presented in packaging materials are counterfeit trademarks, under the same conditions as the goods referred to in subparagraph (i)); b) "pirated", namely goods which are or contain copies of copies that are made without the copyright or related rights, or a design right-holder's permission, regardless of whether they are registered in the local law; (c)), the goods with law side that presented the request to the Customs Act in violation of: (i)), (ii) the patent) the supplementary protection certificate III) plant varieties rights, iv) design v) geographical indication. 2. the Parties shall, unless otherwise specified in the subsection, down kārtību40, which allows the right holder who has reason to suspect that there may be goods infringing certain intellectual property rights, import, export, re-export, customs entry or exit from its territory, of the tax suspension arrangements or transfer or free customs brīvzon customs warehouse, submit a written application to the competent administrative or judicial authorities, to the Customs authorities suspended the release of goods for free circulation or placed on hold. 3. Parties shall provide that when the Customs authorities of conducting its activities during and prior to the filing of the legal entity or issue are sufficient grounds for suspecting that goods infringing an intellectual property right, they can postpone this release for free circulation of the goods or detain them, to enable the right holder to apply the action provided for in the previous paragraph. 4. All the rights and obligations of the TRIPS Agreement, part III, section 4, importers of goods apply also to exporters of goods or trademarks holders. 5. the Parties shall cooperate in order to provide technical assistance and to improve the capacity for the implementation of this article. 6. Ukraine fully implementing the obligations listed in this article within three years of the entry into force of this agreement. Article 251 of the code of conduct and cooperation in the field of forensics, the Parties shall encourage: (a)) code of conduct development by trade or professional associations or organisations, and to improve the enforcement of intellectual property rights; (b)) code of conduct project submission to the competent authorities of the parties, and this code of conduct submitted for evaluation. 252. Article 1 of the Cooperation the parties agree to cooperate in order to support their commitments and obligations entered into under the provisions of this chapter. 2. Pursuant to section V of this agreement (economic and sectoral cooperation) and in accordance with the provisions of title VI (provisions on financial cooperation and the fight against fraud) areas of cooperation cover the following, but not limited to them: a) the exchange of information on the intellectual property rights of the relevant legal framework and law enforcement and enforcement provisions; The EU and Ukraine exchange of experience about the news in the field of the legal framework; (b) the EU and the Ukraine) exchange of experiences on the enforcement of intellectual property rights; (c) the EU and the Ukraine) exchanges of experience concerning the execution of customs, police, administrative and judicial authorities at the central level and the level below the central level; cooperation, including cooperation with other countries to prevent the export of counterfeit goods; (d) capacity-building activities); Exchange of personnel and training; e) information about intellectual property rights promotion and distribution, including the business community and civil society; consumer and awareness of the legal entity; (f) promoting cooperation between institutions), such as the protection of intellectual property; g) active public awareness and improving knowledge about intellectual property rights policy-developing effective strategies to determine the main target audience and programming information to increase consumer and media awareness about intellectual property infringement impacts, including risks relating to health and safety and organized crime. 3. Without prejudice to paragraph 1 and in paragraph 2, and in addition, the parties agree to maintain effective dialogue on issues in the field of intellectual property (IP dialog) under the authority of the Trade Committee, to address the issues set out in this chapter relevant intellectual property rights protection and enforcement, and other relevant issues. Chapter 10 competition section 1 antitrust and mergers policy article 253 definitions in this section: 1. "competition authority" means: (a)), the European Union, the European Commission and (b)) in Ukraine-Ukraine's Antimonopoly Committee 2. "competition laws" means: (a)), the EU side — the Treaty on the functioning of the European Union, 102.101 and article 106, Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the merger regulation) and the relevant implementing regulations and their amendments; (b)) in Ukraine – January 11, 2001, law No. 2210-III (as amended) and its implementing provisions and amendments. In the case of conflict between law No 2210-III regulations and other rules of the substantive law on competition in Ukraine ensured that the extent of the conflict is the primary applicable law; and (c)), which all changes made to the above legislation after the date of entry into force of this agreement. 3. the terms used in this section are explained in more detail in annex XXIII. 254. Article principles the parties recognise that their trade relations, the importance of free and undistorted competition. The parties confirm that anti-competitive business practices and transactions can potentially distort the proper functioning of the market and in general reduce the benefits of trade liberalization. Therefore, the parties agree that such practices and transactions, as defined by their respective competition legislation, is not compatible with this agreement in so far as they may affect trade between the parties: (a)) agreements, concerted practices and decisions by associations of undertakings, the object or effect of which is to prevent, restrict, distort or substantially lessen competition in the territories of both parties; (b)) for one or more of the company, which has a dominant position in the territories of the parties, such abuse; or (c)) the merger that led to the formation of monopolies or are significantly restricted competition in the market in the territories of the parties. 255. Article 1 of the implementation of the EU and Ukraine maintain competition laws, which effectively address issues relating to activities and transactions referred to in article 254 (a), (b) and (c)))). 2. The Parties shall maintain the bodies which are responsible for in the paragraph 1 of this article, determine the effective competition law enforcement and which are suitably equipped. 3. the parties recognise that their respective competition laws transparent, timely and non-discriminatory application, subject to the procedural fairness and the principles of the rights of the defence, is of great importance. In particular, each Party shall ensure that (a) some Parties) before the competition authority any natural or legal person shall apply sanctions or remedies for violations of competition laws, after the authority has notified the relevant natural or legal persons in its initial conclusions on the existence of an infringement, it shall grant the person the right to be heard and to present evidence during a reasonable period laid down in the relevant competition law; and (b)) at the request of the person any such sanctions or remedies shall apply or review the Court or independent tribunal established in accordance with the legislation of the parties. 4. Party at the request of the other party shall provide the other party with information about the open competition law enforcement measures and legislation relating to the obligations laid down in this section. 5. The Authority shall adopt and publish a document which explains the principles used for infringements of competition law applicable to financial penalties. 6. The Authority shall adopt and publish a document which explains the principles used for the assessment of horizontal mergers. 256. Article law enforcement practice and approximation of Ukraine closer to competition laws and enforcement practices to a specific part of the EU acquis in the future: 1. Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in the Treaty and in article 82 81. Implementation schedule: article 30 of the regulation shall be implemented within three years of the entry into force of this agreement. 2. Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC merger regulation) Implementation schedule: article 1 of the regulation and article 5, paragraph 1) and 2) implemented within three years of the entry into force of this agreement. Article 20 shall be implemented within three years of the entry into force of this agreement. 3. Commission Regulation (EU) No 330/2010 (20 April) of the Treaty on the functioning of the European Union Article 101, paragraph 3, of the agreement on the application of vertical and coordinated action categories: schedule for the implementation of regulation 1., 2., 3., 4., 6., 7., and article 8 shall be implemented within three years of the entry into force of this agreement. 4. Commission Regulation (EC) no 772/2004 of 27 April 2004 on article 81 paragraph 3 the application of the technology transfer agreement categories: schedule for the implementation of regulation 1., 2., 3., 4., 5., 6., 7., and article 8 shall be implemented within three years of the entry into force of this agreement. 257. Article public undertakings and undertakings granted special or exclusive rights 1. In the case of public undertakings and undertakings granted special or exclusive rights: (a)) no party neither introduced nor maintain such measures, which are contrary to article 254 of the agreement and article 258) the principles expressed in point; and (b)) the Parties shall ensure that such enterprises apply article 253 of this agreement specified in point 2) competition law, in so far as the above competition law and principles do not create legal or actual barriers to the implementation of those specific tasks envisaged. 2. nothing in the preceding paragraph is not interpreted so as to deprive the party to form or maintain a public undertaking, the undertakings granted special or exclusive rights or to maintain such rights. 258. Article 1 of State monopolies, each party, within five years from the entry into force of this agreement, adjust any State monopolies of a commercial, in order to ensure that natural or legal persons do not apply discriminatory measures in connection with the purchase of goods and the terms of trade. 2. Nothing in this article shall affect the title IV of the agreement chapter 8 (public procurement) the parties rights and obligations. 3. Nothing in paragraph 1 shall be interpreted in a way that prevents a party to create or maintain the monopoly of the State. 259. Article information exchange and enforcement cooperation 1. the parties recognise that cooperation and coordination between the competition authorities concerned, it is of great significance to further improve competition law enforcement efficiency and the achievement of the objectives of this agreement, promoting competition and limiting the anti-competitive conduct or transactions. 2. In this context, the competition authority of a party may inform the competition authority of the other party of its desire to cooperate with regard to enforcement action. This cooperation shall not prevent the parties to take independent decisions. 3. In order to facilitate the effective enforcement of competition law, the competition authorities of the parties may exchange information, including on legislation and enforcement, within the limits provided for in their respective legislation and in the light of their essential interests. 260. Article 1 of the consultation, each Party shall, at the request of either party, started consultations on the proposals of the other party, to promote mutual understanding, or address specific questions which may arise in connection with this section. The party filing the request, indicate how this issue affects trade between the parties. 2. the Parties shall, at the request of any party duly consulted on questions arising out of the interpretation or application of the provisions of this section. 3. in order to facilitate the discussion of the issue that is the subject of the consultations, the Parties shall endeavour to the other party to provide relevant information that is not confidential, subject to the restrictions provided for in the relevant legislation and taking into account their vital interests. 261. Article for this section of the party, with the exception of article 256 of the agreement, dispute prevention can not use title IV of the agreement (Disputes troubleshoot) Chapter 14. section 2 State aid article 262 general principles 1. the proper functioning of this agreement not compatible no aid granted by Ukraine or EU Member States from public funds and which distort or threaten to distort competition by favouring certain undertakings or the production of certain goods, in so far as such aid will affect trade between the parties. 2. However, with the proper functioning of this agreement: (a)) is a social support for individual consumers, provided it is granted without discrimination as regards the product in question; (b) support provided) to cover damages caused by natural disasters or exceptional occurrences. 3. in addition, the following may be considered to be compatible with the proper functioning of this agreement: (a)) aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious underemployment; b) aid to facilitate the implementation of an important project of common European interesēs41 or prevent serious disturbances in any Member State of the European Union or in the economy of Ukraine; c) aid to facilitate specific economic activities or the development of certain economic areas, where such aid does not adversely affect trading conditions that are contrary to the interests of the parties; d) aid to promote culture and heritage conservation where such aid does not affect trading conditions contrary to the interests of the parties; e) support, to achieve the goals which allowed EU horizontal group exemption regulation and horizontal and sectoral State aid rules, and under the conditions specified therein; (f) aid for investment to) comply with the EU directive, listed in section V of this agreement, Chapter 6 (environment) in annex XXIX, minimum standards laid down in the implementing of the awarded time limit and that includes plant and equipment adaptation to new requirements, may allow an amount that does not exceed 40% of the eligible costs. 4. To undertakings entrusted with the operation of services of general economic interest or that of a revenue-producing monopoly, subject to the rules contained in this section, in so far as the application of the provisions of the de jure or de facto does not obstruct certain tasks. The development of trade must not be affected to such an extent as to be contrary to the interests of the parties. The terms used in this section are explained in more detail in annex XXIII. 263. Article transparency 1. Each Party shall ensure transparency in the area of State aid. To this end, each party once a year, shall notify the other party on the total amount of State aid, and the breakdown by sectors that may affect trade between the parties. The relevant notifications should include information about the purpose, the nature, scope or budget, the granting authority and, if possible, the beneficiary of the aid. The purpose of this article is not required to notify aid exceeding EUR 200 000 threshold per company over a three-year period. Such notice shall be deemed to have been filed, if it is sent to the other party or if the information in the publicly accessible website on the internet until next calendar year to 31 December. 2. Party at the request of the other party shall provide additional information on all State aid schemes and certain individual State aid cases affecting trade between the parties. The Parties shall exchange this information, taking into account restrictions set by the professional conduct and confidentiality. 3. the Parties shall ensure that financial relations between public authorities and public undertakings are transparent to clearly visible: a) State resources, which the public authorities directly or indirectly (for example, with public companies or financial institutions) made available to the public undertakings concerned; (b)) this public the actual use. 4. the Parties shall furthermore ensure that the financial and organisational structure of a company to which Ukraine or European Union Member States have granted special or exclusive rights or entrusted with a service of general economic interest, in the context of this service receive public service compensation in any form, is correctly reflected in the balance sheet to a separate clearly visible: a) costs and revenues in connection with any products or services in respect of which the company granted special or exclusive rights or in connection with any company entrusted with services of general economic interest and, on the other hand, in relation to each of the other company's products manufactured or services provided; b) full details of the methods by which costs and revenues are assigned or allocated to different activities. The method works on the basis of the accounting principles such as causation, impartiality, transparency and consistency in accordance with recognised international accounting methodologies, such as cost sharing activity, and are based on audited data. 5. Each Party shall ensure that the provisions of this article shall apply for a period of five years from the entry into force of this agreement. 264. Article interpretation the parties agree that they will apply this agreement, article 262 article 263 3 and 4 point, using as a source for the interpretation of the criteria resulting from the Treaty on the functioning of the European Union, 107 and 106. the application of article 93, including the case-law of the Court of Justice of the European Union, as well as the relevant secondary legislation, guidelines, guidelines and other EU existing administrative provisions. 265. ARTICLE in relation to the WTO, these provisions shall not affect the right of parties to apply trade remedies or other appropriate action against subsidies or to search for a solution of the dispute in accordance with the relevant WTO rules. 266. Article scope the provisions of this section shall apply to the goods and services listed in section IV of this agreement, Chapter 6 (Business, trade and electronic commerce), annex XVI in accordance with a bilateral decision on market access, with the exception of the products covered by the subsidy in the WTO agreement on agriculture, annex 1 and other subsidies in the Agreement on agriculture. 267. Article internal state support system in order to comply with this agreement in article 262 to 266 obligations: 1. Ukraine in particular adopt State aid legislation and within three years of the entry into force of this agreement creates in an independent authority that is granted the necessary powers under article 262 of the agreement the full application. This body is, inter alia, the powers to authorise State aid schemes and individual aid grants in accordance with this agreement and in article 262.264 criteria, as well as the power to designate the unlawfully granted State aid recovery. Each new State aid granted in Ukraine, must comply with this agreement and article 262.264 rules within one year from the date of creation of the authority. 2. Ukraine five years from the entry into force of this agreement, establish a comprehensive list of State aid schemes implemented before the authorities referred to in paragraph 1, and the creation adjusts this aid scheme, article 262 and 264 in the criteria above for a period not exceeding seven years from the entry into force of this agreement. 3. (a) the application of this Agreement) article 262, the parties recognise that during the first five years of the entry into force of this agreement, the Ukrainian State aid granted shall be assessed, taking into account that Ukraine considers that the territory is identical to those areas of the European Union, which described the Treaty on the functioning of the European Union article 107 paragraph 3 (a)). b) within a period of four years from the entry into force of this agreement, Ukraine shall submit to the European Commission for information on its per capita GDP, reconcile the nuts II level. In paragraph 1 of this article, the authority and the European Commission then examine the region of Ukraine together with and the associated maximum aid intensity, to develop a regional aid map in accordance with the relevant EU guidelines. 11. the DEPARTMENT of energy in the context of article 268 TRADE definitions in this chapter, and without prejudice to section IV of this agreement, section 5 (Customs and trade facilitation) rules: 1 "energy products" is natural gas (CN code 27.11), electricity (CN code 27.16) and crude oil (CN code: n ° 27.09); 2. "fixed infrastructure" is a transmission or distribution network, LNG facility and storage facility, as defined in the directive of the European Parliament and of the Council 2003/54/EC of 26 June 2003 concerning common rules for the internal market in electricity (hereinafter Directive 2003/54/EC) and the European Parliament and Council Directive 2003/55/EC of 26 June 2003 concerning common rules for the internal market in natural gas (hereinafter Directive 2003/55/EC); 3. "transit" means transit of energy products by fixed infrastructure or oil pipeline, as described in section IV of this agreement Chapter 5 (Customs and trade facilitation); 4. "transport" is the transmission and distribution, as defined in Directive 2003/54/EC and Directive 2003/55/EC, and to move or transport the oil for the pipeline; 5. "illegal usurpation" is any activity that constitutes the unlawful misappropriation of the fixed energy infrastructure. 269. Article domestic regulated price of gas and electricity supplies to industrial consumers prices only on basic supply and demand. 2. By way of derogation from paragraph 1 of this article, the party's general economic interest interest vārdā42 companies may apply a responsibility in connection with the supply of gas and electricity prices (hereinafter referred to as the regulated price). 3. the Parties shall ensure that this responsibility is clearly defined, transparent, proportionate, non-discriminatory, verifiable and with a limited period of time. The application of this obligation, the Parties shall guarantee equality of access for customers from other companies. 4. If the price on the domestic market, which sells gas and electricity, is regulated, the party concerned shall ensure that the regulated prices calculation methodology is published before the regulated prices. 270. Article 1 ban on the dual-price. Without prejudice to the possible application of the regulated domestic prices in accordance with article 269 of the agreement's points 2 and 3, the parties or their regulatory authorities do not adopt or maintain measures that result in a higher price for exports of energy products to the other party than the price of such products for domestic consumption. 2. The exporting Party shall, at the request of either party, shall provide evidence that the same products in different price for domestic consumption and for export, is not this article describes the results of the measure. 271. Article customs duties and quantitative restrictions between the parties is prohibited 1 customs duties and quantitative restrictions of imports and exports of energy and all measures having equivalent effect. This prohibition shall also apply to customs duties of a fiscal nature. 2. paragraph 1 of this article shall not preclude the application of quantitative restrictions or measures of equivalent effect, based on public policy or public security, protection of human and animal health and the protection of life or for plant protection of industrial and commercial property protection considerations. Such restrictions or measures must not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the parties. 272. Article transit parties shall take the necessary measures to facilitate transit, subject to the principle of freedom of transit and the GATT 1994 v. 2, v. 4 and 5 article V and the 1994 Energy Charter Treaty article 7.1 and 7.3, contained in this agreement and is its components. 273. Article Transport in relation to electricity and gas transport and in particular with respect to the fixed infrastructure availability to third parties, the Parties shall adapt its legislation, as referred to in Annex XXVII to this agreement and the 2005 Energy Community Treaty in order to ensure that the tariffs published prior to their entry into force, the procedure for allocation of capacity and other conditions are objective, reasonable and transparent and non-discriminatory origin electricity or gas , ownership or destination. 274. Article cooperation relating to infrastructure, the Parties shall endeavour to facilitate the transmission of gas infrastructure and gas storage facilities and shall consult and coordinate as appropriate the development of infrastructure. The Parties shall cooperate in matters relating to natural gas trade, sustainability and security of supply. To more closely integrated energy market, developing policy documents on demand and supply scenarios, energy interconnection strategies and infrastructure development plans, each Party shall take into account the other party's energy networks and power. 275. Article illegal usurpation of energy each Party shall take the necessary measures to prohibit the transit of energy products that are or are transported in the territory of the party, unauthorised occupation and address this problem. 276. Article 1 of the Termination, each Party shall ensure that the transmission system operator to take the necessary measures to: (a) reduce the transit and transport) accidental break, or stop the decline in risk; (b)) quickly restore the transit or the transport of such normal operation, if it was accidentally closed, reduced, or suspended. 2. the party through whose territory transit or transport of energy takes place, in the event of disagreement on any issue relating to the parties or to one or more entities controlled by one of the parties or located within the jurisdiction of any party, including State trading enterprises, do not stop and does not reduce as well as does not require unit under its jurisdiction to interrupt or reduce the existing transport or transit of energy products, except where it specifically provided for in the contract or other arrangement governing such transit or transport, the resolution of the dispute before completion of the procedure in accordance with the contract. 3. the parties agree that the party is not responsible for interruption or reduction in accordance with this article, if that party is not able to deliver energy products and ensure their transit or transport of a third State or a third country or jurisdiction of the control unit operations. article 277 of the electricity and gas regulators Regulator 1 is legally distinct and functionally independent from any public or private entities, and have sufficient powers to ensure effective competition and market. 2. Regulatory decisions and procedures used are objective with respect to all market participants. 3. the Operator, which affect the decision of the Governor, have the right to appeal against that decision to an appeal body that is independent of the parties involved. If the appeal body by nature is not a judicial body, it will always grounds its decision in writing, and its decisions may be reviewed by the impartial and independent judicial authority. The appeal of decisions taken by the authorities are actually enforceable. 278. Article link with the Energy Community Treaty 1. If there is a conflict between the provisions of this section and the 2005 Energy Community Treaty provisions or rules of EU legislation which is applicable under the 2005 Energy Community Treaty, the 2005 Energy Community Treaty or EU legislation, which is applicable under the 2005 Energy Community Treaty is concerned, priority within the framework of the conflict. 2. in implementing this section, the priority given to such an act or other legislation that is in accordance with the 2005 Energy Community Treaty or based on law, which in this sector in the EU. If a dispute arises concerning this section presupposes that laws or other acts that meet these criteria also match this section. In assessing whether legislation or other legislation meets these criteria, take into account all relevant decisions adopted under the 2005 Energy Community Treaty article 91. 3. None of the parties to this agreement are not used dispute resolution provisions to accused the Energy Community Treaty violation. Article 279 of the activities of prospecting, exploring for and producing hydrocarbons availability and performance for each Pusei43 1, in accordance with international law, including the United Nations 1982 Convention on the law of the sea, have full sovereignty over hydrocarbon resources within its territory, as well as its territorial waters and archipelago, in addition to the sovereign rights to explore and produce hydrocarbons resources within its exclusive economic zone and the continental shelf. 2. each Party shall retain their right to determine their own territory, as well as its archipelago and territorial waters, exclusive economic zone and continental shelf area, available of the activities of prospecting, exploring for and producing hydrocarbons. 3. When you create a zone for carrying out that work, each Party shall ensure that in relation to the availability of work and the pursuit of treatment for all the structures and units are equal. 4. in the unit who are assigned to the permission of the activities of prospecting, exploring for and producing hydrocarbons, party may request to pay fees or levies financial complex way. Specific arrangements for such payment of the fee provided for in such a way as not to interfere with the management of those entities and decision making processes. 280. Article licensing and licensing conditions 1. the Parties shall take the necessary measures to ensure that the license that grants permissions to the unit in its own name and on their own responsibility of the activities of prospecting, exploring for and producing hydrocarbons in a geographical area, is granted, subject to the published procedure and inviting potential leads to submit applications with the announcement. 2. The advertisement shall indicate in particular the license type, the relevant geographic area or part thereof and the proposed date or deadline for the granting of the licence. 3.104. This agreement and article 105 shall apply to the licensing terms of permission and licensing process. 12. Chapter transparency article 281. Definitions for the purposes of this chapter: 1. the "measures of general application" includes generally applicable laws, regulations, judicial decisions, procedures and administrative rulings and any other General or abstract interpretation of legislation, or other the claim, which could affect any matter contained in this agreement. This does not include the ruling applicable to the particular person; and (2) "interested party" means any natural or legal person may be subject to any rights or obligations under the universally applicable measure of this agreement within the meaning of article 282. 282. Article purpose and scope 1. Aware that the regulatory environment can have a big effect on trade between them, the Parties shall create and maintain efficient and predictable regulatory environment for economic operators operating on their territory, in particular small operators, taking account of legal certainty and proportionality requirements. 2. the parties, reaffirming the commitment in accordance with the agreement establishing the WTO, to clarify and improve the rules on transparency, consultation and a generally applicable measures for better administration, in so far as they may affect the issues contained in this agreement. 283. Article publication 1. Each Party shall ensure that the measures of general application: (a) duly published) or otherwise made readily available to interested parties in a non-discriminatory manner, using official means of communication, and, if possible, by electronic means in a way that allows interested persons and the other party to become acquainted with them; (b)) provides an explanation of the purpose of such a measure and the reasons, and (c)) provides for sufficient time between the publishing of such measures and entry into force, except where this is not possible due to the emergency situation. 2. Each Party shall: (a)) trying to publish in a timely manner all proposals for measures of general application which it proposes to adopt or amend it, including an explanation of and justification for the objectives of the proposal; (b) provide a reasonable opportunity) the interested parties to submit comments on the following proposed measures, in particular by providing enough time for such a possibility; and (c)) shall endeavour to take account of stakeholders comments received regarding this proposed measure. 284. Article requests for information and contact points 1. the Parties shall maintain or create appropriate mechanisms to provide the answers to stakeholders ' requests for information on proposed or existing measures of general application, and the application of the General. In particular to facilitate communication between the parties in all trade matters covered by this agreement, each Party shall designate a contact point. Upon request by a party, the contact point indicates the authority or the officer responsible for the matter concerned, and provide necessary support to facilitate communication with the requesting party. Requests for information can be submitted through the mechanisms established by this agreement. 2. the parties recognise that in paragraph 1 of this article for the answer may not be definitive or legally binding but used for informational purposes only, unless the parties ' internal laws and regulations unless otherwise specified. 3. Party at the request of the other party in a timely manner provide information and answer questions about any existing or proposed measures of general application which, in the opinion of the requesting party may affect the implementation of this agreement, regardless of whether the requesting party has previously notified of the measure in question. 4. each Party shall maintain or create appropriate mechanisms to interested parties whose mission is to seek effective solutions to the other problems of the interested parties, which may arise in any of the measures of general application the application of this agreement referred to in article 285. administrative procedures. Such mechanisms should be readily available, specific time track, focus on results and transparent. They do not affect the parties ' created or saved the appeal or review procedures. They do not affect the rights and obligations of the parties under this agreement, chapter 14 of title IV (dispute resolution) and chapter 15 (mediation). 285. Article administrative procedures each party consistently, objectively and intelligently manages all of this agreement referred to in article 281 universally applicable measures. To this end, the application of these measures to certain other persons, goods, services or businesses in specific cases, each Party shall endeavour to: (a)) in accordance with their own procedures to notify in due process on the other side of the stakeholders that this process directly, including to provide a description of the nature of the process, specify the authority in which the process is started, and the issues to be dealt with in a general description; (b) if warranted by the deadline in the process), and the public interest before the final administrative action shall ensure that the following interested parties reasonable opportunity to present facts and arguments in support of their position, and (c)) shall ensure that its procedures are based on the party's laws and comply with them. 286. Article review and appeal 1. each Party shall establish or maintain judicial or other independent tribunals, including, where appropriate, quasi-judicial or administrative courts or procedures with a view to properly review and, where appropriate, to adjust the administrative action in areas covered by this agreement. Such courts, tribunals or procedures are objective and independent from the authorities or officials, entrusted with administrative enforcement and shall not have the substance of interest in the result of the case. 2. Each Party shall ensure that such courts, judicial bodies or procedures involved in the process is to provide the right to: (a)) reasonable opportunity to support or defend their respective positions; and (b)) decision, based on the evidence and documents submitted or, where required by the legislation of the parties, the documents collected by the administrative authority. 3. Each Party shall ensure that, subject to its law the appeal or further review procedures, following the decision to implement and take into account in its activities the body or official, which is competent in relation to the administrative action concerned. 287. Article quality and efficiency of the regulatory framework and good administrative practices 1. the parties agree to cooperate to enhance the quality and effectiveness of the regulatory framework, including the exchange of information and best practice in relation to their respective regulatory reform processes and regulatory impact assessment. 2. the parties agree to the principle of good administrative behaviour and agree to cooperate in promoting it, including exchanges of information and best practices. 288. Article anti-discrimination each side the other stakeholders apply the standards of transparency, not less favourable than those applicable to its stakeholders. 13. The DEPARTMENT of TRADE and sustainable development article 289 context and objectives the parties refer to 1 in 1992, adopted a plan of action for the 21st century-Agenda 21-in the field of environment and development, adopted in Johannesburg in 2002, the sustainable development plan and the implementation of internationally accepted political action plans for employment and social policy, in particular the International Labour Organization (ILO) decent work programme and the economic and Social Council in 2006 adopted the Ministerial Declaration on full employment and decent work. The parties reaffirm their commitment to contribute to the development of international trade in a way that promotes the achievement of the objective of sustainable development, and to ensure that this objective should be included and reflected in all levels of trade. 2. To this end, the parties recognise the importance of taking fully into account not only the current population, but also the next generations of economic, social and environmental interests and ensure that the policies of economic development, the environment and social issues are mutually supportive. 290. Article right to regulate 1. Recognizing the right of parties to establish and regulate their local environment and levels of protection and sustainable development policies and priorities in accordance with relevant international principles and to adopt or modify accordingly its provisions, the Parties shall ensure that their legislation provides for a high level of environmental and labour protection, and tend more to improve this legislation. 2. As a tool in this article to achieve those objectives, Ukraine brings its laws, regulations and administrative practices in the EU acquis. 291. Article multilateral labour standards and agreements 1. Parties recognize that full and productive employment and decent work for all are key elements in the context of globalisation of trade. The parties reaffirm their commitment to promote the growth of trade in a manner that promotes full and productive employment and decent work for all, including men, women and young people. 2. The Parties shall promote and implement in their legislation and practice internationally recognized core labour standards, in particular: (a) freedom of Association) of the right to collective bargaining and effective recognition; (b) any forced and compulsory) job reduction; (c) the actual child labour); and (d)) non-discrimination in respect of employment and occupation. 3. the parties reaffirm the commitment to the effective implementation of the ratified ILO core conventions and the priority and the ILO in 1998. the annual statement on the Declaration on fundamental rights and principles at work. The parties will also consider other ILO Convention ratification and implementation of ILO classifies as up to date. 4. the parties stress that employment standards must not be used for protectionist trade purposes. The Parties state that in no way should not challenge the comparative advantage. 292. Article multilateral environmental agreements, 1. the parties recognise the international environmental management and the importance of the agreement, the international community in addressing global and regional environmental problems. 2. the parties reaffirm their commitment to the law and in practice actually implement multilateral environmental agreements to which they are parties. 3. Nothing in this Agreement shall prejudice the right of Parties to adopt or maintain measures to implement multilateral environmental agreements to which it is a party. Such measures are not applied in a manner which may develop into arbitrary or unjustifiable discrimination between the parties or a disguised restriction on trade. 4. each Party shall ensure that environmental policy is based on the precautionary and preventive principles that determine that the damage repair environmental damage must be made, first and foremost, be rectified at source and that the polluter should pay. 5. the Parties shall cooperate to promote the prudent and rational utilisation of natural resources, in accordance with the objective of sustainable development, and to strengthen the link between their trade and environmental policies and practices. 293. Article sustainable development trade 1. the parties reaffirm that trade should contribute to sustainable development in all its dimensions. The parties recognise the positive role which the most important standards of employment and decent work can have economic efficiency, creativity and productivity, and stresses the value of a is, first of all, greater coherence between trade policy and, secondly, nodarbīnātīb and social policy. 2. the Parties shall strive to encourage and facilitate the environmental goods, services and technologies, sustainable renewable energy, energy efficiency products and services, and commodities trading and eco-foreign direct investment in the industry, including reducing non-tariff barriers to associated. 3. the Parties shall endeavour to promote the sale of goods which promote sustainable development, including those covered by special systems such as fair and ethical trading system and a system that provides for corporate social responsibility and accountability. 294. Article forestry products to promote sustainable forest management, the parties undertake to work together to improve forest law enforcement and governance and promote legal and sustainable trade in forestry products. 295. Article marketing of fish products in view of how important it is to ensure the responsible management of fish stocks in a sustainable way and to promote good governance in trade, the parties undertake to work together: a) adopting effective fish and other aquatic resources monitoring and control measures; (b)) providing complete the applicable regional fisheries management organisations agreed conservation and control measures and the widest possible cooperation with regional fisheries management organisations and within it; and (c)), introducing inter alia trade measures illegal, unreported and unregulated fishing. 296. Article protection level maintenance 1. Party actually implements its own environmental and labor laws, making long term or recurring activities or do them without affecting trade or investment flows between the parties. 2. The party does not weaken or reduce environmental and labor rights protection provided for by its legislation, to encourage trade or investment, removing or otherwise by way of derogation from its legislation or standards or by offering to cancel them or otherwise depart from those rules without affecting trade or investment flows between the parties. 297. Article scientific information the parties recognise the importance of taking account of scientific and technical information and the relevant international standards, guidelines or recommendations for preparing, adopting and implementing measures designed to protect the environment, public health and the social conditions that affect trade between the parties. 298. Article review of the impact on the sustainability of the parties undertake to review, monitor and evaluate the implementation of this section of the impact on sustainable development, by providing appropriate participatory processes and institutions, as well as the processes and institutions established under this agreement, such as trade-related sustainability impact assessments. Article 299 civil society institutions 1. Each Party shall designate and convene a new or pre-existing Advisory Group sustainable development which is responsible for providing advice in relation to the implementation of this chapter. 2. the Advisory Group comprises the independent civil society representative organisations, ensuring balanced employers ' and workers ' organizations, non-governmental organizations and other stakeholders are represented. 3. The two parties ' Advisory Group members are in an open forum of civil society, to address the dialogue between the parties, including the trade aspects of sustainable development. Civil society forum takes place once a year, unless the parties agree otherwise. The parties not later than one year after the entry into force of this agreement, agree on the civil society forum. 4. dialogue, a civil society forum, without prejudice to article 469 of the agreement established a civil society platform role in exchange of views on any matter relating to the implementation of this agreement. 5. the Parties shall inform the civil society forum on the implementation of this chapter. Civil society forum views, opinions or recommendations can be submitted directly to the parties or with the consultant group. 300. Article institutional monitoring mechanisms and 1. established a Trade and sustainable development Subcommittee (hereinafter referred to as the Subcommittee). It shall report on its work to the Committee of the Association of 465. this agreement article 4 provided for. Trade and sustainable development Sub-Committee shall include each party's public administration senior management officials. It monitors the implementation of this chapter, including surveillance activities and impact assessments, and the results in good faith discussing all problems arising from the application of this chapter. It shall adopt its rules of procedure. It is one year from the date of entry into force of this agreement and further at least once a year. 2. each Party shall designate a contact point within the framework of their national administrations to promote communication between the parties in all matters covered by this chapter. 3. the parties can monitor the implementation of the measures and progress. A party may request another party to provide specific and substantiated information on the results of the implementation of this chapter. 4. a party may request consultations with the other party on any matter arising from this chapter, by submitting the contact point of the other party a written request. The parties agree that at the request of a party, they will consult promptly, through appropriate channels. 5. the Parties shall endeavour to reach a mutually satisfactory solution to the issue, and you can ask for advice, information or assistance from any person or body that it deems appropriate, in order to fully explore the issues under consideration. Parties shall take into account the activities carried out by the ILO or the multilateral environmental organisations, the Contracting Parties of which they are. 6. If the parties to the consultations fail to resolve the issue, each party may request that a Trade and sustainable development issues for consideration by the Subcommittee by submitting a written request to the contact point of the other party. It shall meet immediately, and it is trying to negotiate a solution to the issue, including, where appropriate, in consultation with Governments and non-governmental experts. Unless the Trade and sustainable development Sub-Committee decides otherwise, its solution is published. 7. In respect of questions arising in connection with this chapter, the parties may only use 300. this agreement and in accordance with the procedure laid down in article 301. 301. Article 1 of the expert group. Unless otherwise agreed by the parties, a party within 90 days after the request is submitted to start consultations in accordance with article 300 of the agreement point 4, you can ask to convene a group of experts to study the issue, which has not been satisfactorily resolved in the Government consultation. At the request of a party, within 30 days from the request to convene a group of experts may be convened to discuss the issue of trade and sustainable development Sub-Committee. The parties may submit proposals to the group. A group may request information and advice from the parties, the Advisory Group (s), or to international organisations. The Group of experts be convened within 60 days of the request. 2. the group set up pursuant to paragraph 3 of this article, the procedure set out in the opinion of this chapter. Unless the parties agree otherwise, the group within 90 days of the last designation of experts submitted a report to the parties. The Parties shall make every effort to take into account the advice of the expert group, or recommendations for the implementation of this chapter. The implementation of the recommendations of the Group monitor the trading and sustainable development Subcommittee. The Group's report is available on the parties ' consultants Group (s). With regard to confidential information and rules of procedure applicable to this agreement, respectively, in title IV, chapter 14 (settlement of disputes) in Annex XXIV. 3. With the entry into force of this agreement, the Parties shall agree on a list of at least 15 people who have expertise on the issues included in this chapter, of which at least five people are nationals of either party and who will be the Chairman of the Group of experts. Experts are independent and not linked to any of the parties or consultants Group (s) represented organisations and comply with their instructions. Each party 50 days from the date of receipt of the request for the establishment of the expert group shall designate one expert from the expert list. If the party does not designate their experts within that period, the other half of the list of experts designated nationals of the party which has not appointed an expert. The two experts appointed by the President agreed, chosen from a list of experts who are not nationals of one of the parties. 302. Article Marketing Cooperation and sustainable development in order to achieve the objectives of this agreement, the parties will jointly work on employment and environmental policies with trade-related aspects. 14. NODAĻA44 dispute resolution article 303. Purpose the purpose of this chapter is in good faith to avoid disputes between the parties to this agreement referred to in article 304 of the application of the provisions of this agreement, to settle it, and if it is possible to find a mutually agreed risinājumu45. 304. Article scope the provisions of this chapter apply in respect of all disputes arising from this agreement the provisions of section IV of the application and interpretation, unless explicitly otherwise stated. 305. Article 1 of the consultation, the Parties shall endeavour to settle disputes concerning this agreement referred to in article 304 of the provisions of this agreement, the interpretation and application of good faith to begin consultations with the aim of achieving a mutually agreed solution. 2. the party proposing the consultation by sending a written request to the other party, a copy of which shall be submitted to the Trade Committee, specifying the matters dealt with in this agreement referred to in article 304. the provisions of this agreement, the parties think is applicable. 3. the consultations held within 30 days of the date of receipt of the request, and it takes place in the territory of the respondent, unless the parties agree otherwise. Consultations shall be complete within 30 days of the date of receipt of the request, unless both parties agree to continue. The entire consultation confidential information provided is confidential. 4. consultation in cases of urgency, including those relating to perishable and seasonal products, held within 15 days of the date of submission of the application and shall be complete in 15 days after the date of submission of the application. 5. where the consultation concerns the transport of energy products through networks and one of the parties considers that resolution of the dispute is the express natural gas, oil or electricity transportation between Ukraine and the EU in the total or partial termination, consultation shall take place within three days from the date of the application, and can be considered complete within three days after the date of filing, unless both parties agree to continue. All the consultation revealed confidential information is confidential. 6. If the consultations do not take place in the 3 or 4 of this article, the periods laid down in paragraph or when it is complete, but no agreement has been reached on a mutually agreed solution, the applicant party may request the Tribunal to establish, in accordance with article 306 of this agreement. section 1 arbitration procedure article 306 of the arbitration proceedings 1. If the parties have resolved the dispute in consultation, as provided for in article 305 of the agreement, the applicant party may request the Tribunal to be created. 2. The request to arbitration must be submitted in writing to the party and the defendant to the Trade Committee. The claimant party shall indicate in particular the present demand and legal basis of the complaint, an outline of which is sufficient to present the problem clearly. In case the applicant party requests arbitration be created with other than standard terms of reference, the written request shall include the proposed text of special powers. 3. Unless the parties agree otherwise, the arbitration powers have five days from the date of establishment of the Arbitration Board. "the establishment of the Tribunal to examine this issue in the request, to decide on the compatibility of the measures with the agreement referred to in article 304 of the provisions of this agreement and to take a decision in accordance with article 310 of the agreement." 307. Article 1 of the Arbitration Tribunal is a composition of three arbitrators. 2. the Parties shall, within ten days after the Trade Committee of the request for arbitration, create, consult, to reach agreement on its composition. 3. If the parties in paragraph 2 of this article within the time limit can not agree on the composition of the Tribunal, either party may request the President of the Trade Committee or his representative by drawing lots to choose all three arbitrators from the list drawn up in accordance with article 323 of this agreement: one person: the applicant parties proposed parties, one person from a responding party proposed persons and one person — from being the parties have chosen the President. 4. If the parties agree on one or more of the arbitrators, the remaining Member or members shall be selected in the same order: a) if the parties have agreed on the two remaining arbitrators the arbitrator chosen from the circle of the persons chosen by the Party Chairman's post; (b)) if the parties have agreed upon one arbitrator, one arbitrator chosen from the remaining part of the proposed applicant parties and one of the responding party proposed parties. 5. the Chairman of the Trade Committee or his representative shall appoint arbitrators within five days of the request referred to in paragraph 3. A representative of each Party shall be entitled to be present at the time of selection. 6. the establishment of Arbitration day is the day when the selection procedure has been completed. 7. If, at the time when the request is submitted in accordance with paragraph 3 of this article, someone from this agreement under article 323. lists are not created, the three arbitrators shall be chosen by drawing lots from a list of persons officially proposed by one or both of the parties. 8. With regard to the dispute in connection with this agreement, the chapter 11 of title IV (institutions in connection with trade), which one party deems urgent natural gas, oil or electricity transportation between Ukraine and the EU in the total or partial suspension or termination threat, paragraph 3 of this article shall apply immediately without paragraph 2 of this article, and in paragraph 5 of this article, that term is two days. 308. Article 1 of the interim report of the Tribunal. The arbitral tribunal to the parties within a period of 90 days from the date of establishment of the Arbitration Board shall submit interim report setting out the findings of fact on the applicability of relevant provisions and the main justification for the conclusions and recommendations of the arbitral tribunal. If it considers that this deadline cannot be met, the Chairperson of the Arbitration Board shall be notified in writing to the parties and to the Trade Committee, giving the reasons for the delay and the date on which the Tribunal intends to issue an interim report. Interim report does not in any event be issued later than 120 days after the date of the establishment of the Tribunal. 2. any party within 14 days of the date of issue of the interim report may submit a written request to the Tribunal to review specific aspects of the interim report. 3. In cases of urgency, including those relating to perishable and seasonal goods, the Arbitration Board shall make every effort to issue an interim report, and any party may submit a written request to the Tribunal to review an interim report on the aspects specified two times shorter than that prescribed for the corresponding period in paragraph 1 and in paragraph 2. 4. As regards a dispute concerning title IV of the agreement chapter 11 (in relation to the marketing of Energy), which one party deems urgent natural gas, oil or electricity transportation between Ukraine and the EU in the total or partial suspension or termination threat, the interim report shall be submitted within 20 days and the request referred to in paragraph 2 shall be made within five days of the written report. The Tribunal may also decide to dispense with the interim report. 5. after consideration of the parties ' written notes in connection with the interim report, the Tribunal may amend the report and conduct a follow-up inspection at their discretion. The final ruling of the Arbitration Board's findings include an interim review stage, the argument put forward. 309. Article reconciliation urgent energy disputes 1. With regard to the dispute in connection with this agreement, the chapter 11 of title IV (institutions in connection with trade), which one party deems urgent natural gas, oil or electricity transportation between Ukraine and the EU in the total or partial suspension or termination threat, any party submitting a request to the Tribunal for it, you can ask the Chairman of the Arbitration Board to carry out the duties of the conciliator regarding any matter related with the dispute. 2. The conciliator shall endeavour to reach agreement on a solution to the dispute, or try to reach an agreement on the procedure for such a solution. If, within 15 days after its appointment, the conciliator failed to reach such an agreement, it recommends that the settlement of the dispute or a procedure to achieve such resolution and shall decide on the terms and conditions that follow from a certain date that it shall determine, until the dispute is settled. 3. Parties and party control or jurisdiction of the unit followed in accordance with paragraph 2 of this article made recommendations about the terms and conditions for three months from the adoption of the decision of the conciliator or until resolution of the dispute, whichever is earlier. 4. The conciliator shall comply with the code of ethics for Arbitrators. 310. Article 1 of the arbitration decision. The Court of arbitration shall notify its ruling to the parties and to the Trade Committee 120 days from the date of establishment of the Arbitration Board. If it considers that this deadline cannot be met, the Chairperson of the Arbitration Board shall notify in writing to the parties and to the Trade Committee, giving the reasons for the delay and the date on which the Tribunal intends to complete. The ruling will not in any event be announce later than 150 days from the date of establishment of the Arbitration Board. 2. In cases of urgency, including those relating to perishable or seasonal goods, the Arbitration Board shall make every effort to notify its decision within 60 days from the date of creation. Under no circumstances should not take more than 75 days from the date of its creation. The Arbitration Board within 10 days after its creation can take a preliminary ruling on whether it deems the case to be urgent. 3. With regard to the dispute in connection with this agreement, the chapter 11 of title IV (institutions in connection with trade), which one party deems urgent natural gas, oil or electricity transportation between Ukraine and the EU in the total or partial suspension or termination of the arbitration ruling, the threat to declare 40 days from the date of its creation. section 2 enforcement of article 311 of the arbitration ruling enforcement of each Party shall take all necessary measures to fulfil in good faith the arbitration ruling, and the parties will seek to agree on the period within which the judgment is to be achieved. 312. Article a reasonable period for the execution of judgments 1. not later than 30 days after the Court of arbitration ruling parties, the defendant notified the claimant party shall notify the party and for the Committee on trade deadline, it will be necessary to comply with a ruling (reasonable period). 2. If there is disagreement between the parties on the reasonable period within which the arbitration award, the claimant party within 20 days after the notification under paragraph 1 of this article shall make a request in writing to the Tribunal in its original composition to determine the acceptable term. For such a request at the same time notify the other party and to the Trade Committee. The Court of arbitration within 20 days from the date of the application shall notify its ruling to the parties and to the Trade Committee. 3. If the original composition of the arbitral tribunal or some of its members unable to attend, this Agreement shall apply the procedure laid down in article 307. Ruling of the period of notice shall be 35 days from the request referred to in paragraph 2, the date of filing. 4. The respondent party, in writing, inform the applicant party of the progress made in the implementation of the ruling of the Arbitration Board at least one month before the expiry of the reasonable. 5. the parties may, by mutual agreement, to extend the deadline. 313. Article any arbitration ruling enforcement measure 1 review the defending party before the expiry of a reasonable, notify the applicant of the party and to the Trade Committee of any measures it has taken in the enforcement of arbitration awards. 2. If the parties are in disagreement as to whether a measure notified under paragraph 1 of this article, really done, or that it complies with, the applicant party may request in writing to the Tribunal in its original composition to decide this question. Such request shall state the specific measures under consideration and the provisions of this agreement that it considers to be incompatible, in a way that is sufficient to clearly indicate the legal grounds of the complaint. The arbitral tribunal shall notify 45 days from the ruling to the date of the application. 3. If the Arbitration Board as originally constituted or some of its members may not take part in the new meeting, this Agreement shall apply the procedure laid down in article 307. Ruling of the period of notice shall be 60 days from the date of this agreement referred to in paragraph 2, the date of the application. 314. Article protection means urgent energy disputes 1. With regard to the dispute in connection with this agreement, the chapter 11 of title IV (institutions in connection with trade), which one party deems urgent natural gas, oil or electricity transportation between Ukraine and the EU in the total or partial suspension or termination threat, the following specific provisions on protection products. 2. by way of derogation from this agreement, 312 and 313 311..., the applicant party may suspend the obligations resulting from this agreement in the level, which is equivalent to the nullification or impairment, caused by a party that has not complied with the arbitration ruling within 15 days of the delivery. Such suspension shall take effect immediately. Such suspension may maintain no more than three months, unless the defending party still has not complied with the arbitration report. 3. If the defendant contests the ruling party does not discharge or not due to the level of suspension of obligations, it may initiate a procedure in accordance with this agreement and article 315.316, the speed round. The applicant party shall have the obligation to cancel or adjust the suspension of obligations only after the Tribunal has given its ruling on the matter, and it can save the suspension of obligations throughout the procedure. 315. Article temporary remedies in case of non-fulfilment of the award 1. If the defending party to end within a reasonable time notify the measures taken to comply with the arbitration award, or if the arbitral tribunal decides that, in accordance with article 313 of the agreement (1) the notified measure is not compatible with that party's obligations under this agreement, referred to in article 304 rules, the defending party shall provide temporary compensation offer at the request of the applicant party. 2. If, within 30 days after the expiry of a reasonable or by arbitration award notification pursuant to article 313 of the measure that the enforcement of the arbitration award does not comply with this agreement, the provisions referred to in article 304, there is no agreement on compensation, the claimant party after it issued a communication to the defendant party and to the Trade Committee shall be entitled to suspend performance of its obligations arising from the provisions of any chapter of the free trade area in the level that is equivalent to the nullification of the infringement or damage caused. The applicant party may suspend such of its obligations at any time 10 days after the date of the notice, unless the defending party has requested to look into the matter to arbitration in accordance with paragraph 4 of this article. 3. Suspension of the obligations, the applicant party may decide to raise its tariff rates to the levels applied in the other Member States of the WTO, to trade, to be determined by sales, multiplied by the tariff rate increases, the reversal caused by the infringement suit or damage. 4. If the respondent party considers that the level of suspension is not equivalent to the nullification of the infringement caused or injury, it can be requested in writing to the original Tribunal to decide the issue. For such a request before that paragraph 2 of article 10 day deadline, notify the applicant of the party and to the Trade Committee. The Tribunal, within 30 days after the date of the application, notify the ruling on the level of the suspension of obligations the parties and to the Trade Committee. Obligations do not stop until the arbitration has not announced the ruling, and the suspension of the discharge must be in accordance with the arbitration ruling. 5. If the original composition of the arbitral tribunal or some of its members unable to attend, this Agreement shall apply the procedure laid down in article 307. In this case the ruling of the period of notice shall be 45 days from the request referred to in paragraph 4, the date of filing. 6. Obligations to suspend temporarily and only apply as long as the measure of which established that it is not compatible with article 304 of the agreement provisions referred to has not been revoked or amended to conform to the provisions referred to under article 316, or as long as the parties have not agreed upon the resolution of the dispute. 316. Article review of any measure that after the suspension of the fulfilment of the obligations made in the execution of judgments 1. Defendant the claimant party shall notify the party and to the Trade Committee of any measures it has taken to comply with the arbitration award, as well as its request to end the suspension of obligations applicable to the applicant party. 2. If the parties, within 30 days after the date of submission of the communication do not agree on whether the notified measure would ensure that the defending party has complied with article 304 of the agreement those provisions of this agreement, the applicant party may request in writing the original the Tribunal shall decide the issue. For such a request at the same time notify the defendant party and to the Trade Committee. The Tribunal 45 days after the date of the application, notify the ruling parties and the Trade Committee. If the Tribunal decides that the defending party has complied with the provisions of the agreement, or, if the claimant party 45 days from paragraph 1 of this article, the submission of the request referred to in the initial arbitration request not to decide this question, the suspension of obligations shall be terminated within 15 days of the notification of the arbitration award, or 45 days after the deadline. 3. If the original composition of the arbitral tribunal or some of its members unable to attend, this Agreement shall apply the procedure laid down in article 307. The period of notification of the judgment in this case is 60 days from the request referred to in paragraph 2, the date of filing. section 3 common provisions article 317 mutually agreed solution, the parties may, at any time under this chapter may achieve a mutually agreed solution to the dispute. Its common for each of the following solution declares the Marketing Committee and, where appropriate, the Chairman of the Arbitration Board. If the solution requires the endorsement of one of the parties in accordance with the relevant internal procedures, notification of this requirement, and the arbitration procedure shall be suspended. If such confirmation is not required or upon notification of the completion of that internal procedures, the arbitration procedure shall be terminated. 318. Article 1 the rules laid down in this chapter, the dispute settlement procedure is governed by this agreement, the rules of procedure contained in Annex XXIV. 2. The hearing in accordance with this agreement, the rules of procedure set out in Annex XXIV shall be public. 319. Article information and technical advice to the Court of arbitration at the request of either of the parties or on its own initiative, may obtain information from any source it deems reasonable arbitration process, including the parties to the dispute. The Tribunal shall have the right at its discretion to ask the opinion of experts. The information obtained in this way is to be communicated to each of the parties, and they must be given the opportunity to comment. Interested natural or legal persons in the territories of both parties shall, in accordance with this agreement, the rules of procedure contained in Annex XXIV shall have the right to submit amicus curiae opinion on the arbitration. 320. Article interpretation of this agreement, the Tribunal interpreted the provisions referred to in article 304. in accordance with public international law customary rules of interpretation including the 1969 Vienna Convention on the law of treaties the corresponding pooled norms. If this agreement is identical to the duty provided for in the WTO agreement, the Tribunal adopts the interpretation of which is in accordance with all the relevant interpretation of WTO dispute settlement institutions (hereinafter referred to as ICB) awards. Arbitration awards cannot expand or narrow the rights provided for in this agreement and obligations. 321. Article arbitration decisions and rulings 1. The Tribunal shall do everything possible to every decision taken by consensus. However, if a decision cannot be accepted by consensus, the matter shall be settled by a majority vote. However, in no case is made of different views of arbitrators. 2. all arbitration awards are binding on the parties and not to impose upon the rights or obligations of natural or legal persons. The ruling shall set out the findings of the relevant provisions of the agreement, applicability and the main reasons for the findings and conclusions of the arbitration. Trade Arbitration Awards shall be disclosed in full, unless it decides not to do so. 322. Article dispute resolution in relation to regulatory approximation 1. The procedure laid down in this article shall apply to disputes about the laws associated with the framework of this agreement, the interpretation and application of the envisaged in Chapter 3 (technical barriers to trade), Chapter 4 (sanitary and phytosanitary measures), Chapter 5 (Customs and trade facilitation), Chapter 6 (Business, trade and electronic commerce), Chapter 8 (public procurement) or Chapter 10 (competition) or otherwise provide for the obligation of the party, defined by reference to the provisions of the EU law. 2. If a dispute arises over the question of what the EU referred to in paragraph 1, the provisions of the interpretation Act, the Tribunal does not decide on the matter and requested the Court of Justice of the European Union to give a ruling on the interpretation of the question. In this case, while the Court of Justice of the European Union has not adopted the relevant decision, suspend the arbitration award in the applicable time limits. A European Union Court ruling is binding on the Tribunal. section 4 General provisions article 323 arbitrators 1. the Trade Committee shall, no later than six months after the date of entry into force of this agreement creates fifteen list of persons who are willing and able to work as arbitrators. Each Party shall propose five persons to act as arbitrators. In addition, each Party shall appoint five persons who are not nationals of either party and who will be the Chairman of the Arbitration Board. The Trade Committee shall ensure that the list is always the number of the person. 2. the list shall be established in accordance with paragraph 1 of this article shall be used for the establishment of the Tribunal in accordance with article 307 of the agreement. The Court of arbitration consists of arbitrators who have expertise or experience in law and international trade. 3. all arbitrators appointed to the Tribunal is an independent, working on their own behalf, and not accepting any organization or Government guidance, are not related to the Governments and the parties to comply with this agreement contained in Annex XXV to the code of ethics. 324. Article relationship with WTO obligations 1. Right to use the provisions of this chapter on dispute resolution does not prejudice any action the WTO framework, including dispute settlement action. 2. However, if one of the parties in relation to the specific measure has started the process of the settlement of a dispute either pursuant to article 306 of the agreement or the WTO agreement, that party may not initiate the dispute settlement process on the same measure in the other forum until the first proceeding has ended. In addition, the party cannot turn in both fora on the issue of the failure to fulfil this obligation, which under this agreement and the WTO agreement are exactly the same. In that case, as soon as you have started the process of resolution of the dispute, a party to the other forum does not claim the same obligation under the other agreement, if one of the selected forum in the procedural or legal reasons it is not possible to draw conclusions about the requirement that this obligation is not fulfilled. 3. Paragraph 2 of this article: (a) for the purposes of applying) dispute settlement proceedings under the WTO Agreement shall be deemed to start when one party requires the arbitration under the agreement establishing the WTO included in annex 2 of the understanding on rules and procedures governing the settlement of disputes (hereinafter referred to as the DSU) article 6, and shall be deemed complete when the dispute settlement body adopts the report of the Tribunal and the appellate body report in accordance with article 16 and DSU article 17.14; and (b)), dispute settlement proceedings under this chapter shall be deemed to start when one party requests arbitration under create this agreement. Article 306, and is considered complete when the arbitral tribunal shall notify its ruling to the parties and to the Trade Committee. 4. None of the provisions of this chapter shall not prevent the parties to implement the suspension of obligations, if authorised by the dispute settlement body. The WTO agreement is not used to deny either party to suspend the obligations provided for in this chapter. 325. Article deadlines 1. all time limits laid down in this chapter, including the arbitration award notification deadlines, the number of calendar days, and the first day is the day when the action or fact to which they relate. 2. Any period referred to in this section may be extended by mutual agreement between the parties. 326. Article amendment of chapter of the Trade Committee may decide to amend this chapter XXIV of the agreement contained in the annex to the rules of procedure of the Arbitration Tribunal and included in Annex XXV to this agreement the arbitrators and mediators code of ethics. 15. Chapter 327. The mediation mechanism article objective and scope this chapter 1 purpose is to facilitate a mutually agreed solution, using comprehensive and speed up the procedure, which involved the mediator. 2. This chapter shall apply to all measures falling within Title IV of the agreement chapter 1 (national treatment and market access of goods) and adversely affect trade between the parties. 3. This chapter shall not apply to measures included in Chapter 6 of this agreement (business, trade and electronic commerce), Chapter 7 (current payments and capital movements), Chapter 8 (public procurement), Chapter 9 (intellectual property) and chapter 13 (Trade and sustainable development). The Trade Committee, in considering this issue, it may decide that this mechanism applies to one of these sectors. section 1 of the PROCEDURE in accordance with the institution of mediation article 328 request for information prior to mediation procedures 1 excitation, a party in any You can request information about the event that adversely affects trade or investment between the parties. The party to whom the consulting such a request, the request within 20 days from the date of the receipt of the reply, which includes comments on the information specified in the request. If possible, prepare the request and the response in writing. 2. If a party, which must provide the answer, consider that 20 days is not able to give an answer, it shall inform the other party of the reasons for the delay and notify someone after they have shorter period estimates that it will be able to give an answer. 329. Article 1 of the initiating party may at any time require the parties to engage in mediation proceedings. Such request in writing addressed to the other party. The request must be sufficiently detailed to clearly specify the requesting party's concerns, and at a specific subject) measure b) include a statement about the possible adverse impact that the meaning of the requesting party, the measure creates or will create trade between the parties, and (c)) explains how after the requesting parties consider this impact is related to these measures. 2. the party to which the request is addressed jointly consider the request and accepts or rejects it within 10 days of receipt. 330. Article 1 designation of Mediators the parties starting the mediation procedure, trying to agree on a mediator no later than 15 days from the date of receipt of the answer to the request. 2. If within the time limit set, the parties cannot agree on a mediator, either party may request the President of the Trade Committee or his representative will be selected by drawing lots from a list of mediators, established in accordance with article 323 of this agreement. Both Parties to the dispute in a timely manner shall invite the representatives to be present at the draw. In any case, the raffle going in in the presence of the party/parties that come. 3. the Trade Committee Chairman or his representative shall appoint a mediator within five working days of the request referred to in paragraph 2. 4. If, at the time when the request is submitted in accordance with paragraph 2 of this article, this agreement provided for in article 323. list is created, the mediator is chosen by drawing lots from a list of persons officially proposed by one or both of the parties. 5. the parties agree that the mediator is one or the other nationality. 6. The Mediator in an objective and transparent manner can help the parties to clarify all issues arising in connection with the event and its possible effects on trade, as well as to achieve a mutually agreed solution. Annex XXV of this agreement, the code of ethics apply to mediators, as provided for in the code. Also apply mutatis mutandis to this agreement, the rules of procedure contained in Annex XXIV 3 to 7 (notification) regulations 41 to 46 and rule (translation and calculation of time limits). 331. Article 1 of the Mediation Rules of procedure. the party who started the mediation procedure within 10 days from the date of the appointment of the mediator, the mediator and the other party in writing a detailed description of the problem, in particular as regards the operation of the measure and its effects on trade. The other party shall have 20 days from the date of receipt of this description may provide written comments on the description of the problem. Each party in their description or prepared notes can include any information which it deems appropriate. 2. The Mediator may decide on the most appropriate way to end the confusion about the event and its possible impacts related to trade. The mediator may, in particular, meetings between the parties to consult with both parties together or with each of the individual, to go for help or consult with relevant experts and stakeholders and to provide all the additional support requested by the parties. However, before the turn to for help or consult with relevant experts and stakeholders, mediators consult with parties. 3. consideration of the parties, the Mediator can advise and propose a solution, the parties may accept or reject the proposed solutions or to agree on a solution. However, the mediator does not give advice or comment on the conformity of the measures under this agreement. 4. the procedure is taking place within the territory of the party to which the request is addressed, or by mutual consent, at any other place or by any other means. 5. the Parties shall endeavour to arrive at a mutually agreed solution within 60 days from the date of the appointment of the mediator. Before the final agreement, the parties may consider possible interim solution, in particular where the measures apply to perishable goods. 6. the solution of the Trade Committee may adopt the decision. Each party may provide that the option is in effect after the required internal procedures have been completed. Mutually agreed solutions to the public. However, the published version does not contain the information that the party has indicated as confidential. 7. the procedure shall be terminated by a), assuming the parties mutually agreed solution, the date of its adoption; (b)) with written notice that further mediation is useless, what the mediator shall prepare, after consultation with the parties; (c)) with a written statement prepared by a party, after having studied the mediation procedure proposed mutually agreed solutions and considered all the mediators offered advice and proposed solutions; or (d)) at any stage of the procedure by mutual agreement between the parties. section 2 implementation article 332 mutually agreed solution implementation 1. when the parties have agreed on a solution, each of the parties within the time limit agreed in, take the measures necessary for the implementation of a mutually agreed solution. 2. the party conducting the exercise, shall inform the other party in writing of any action or measures taken for the implementation of a mutually agreed solution. 3. At the request of the parties, the mediator shall issue a written statement of the facts to the parties, to: (a) a brief description of the specific measures under consideration); (b) procedures and c)) all mutually agreed solutions, which bring to this procedure, including possible temporary solutions. Mediator allows the parties 15 days to submit comments on the draft outline. After considering these submissions within the comments of the parties, the mediator within 15 days, the Parties shall submit a final written statement of the facts. Statement of the facts does not involve the interpretation of this agreement. section 3 common provisions article 333 relationship to settlement of disputes 1. procedure under this mediation mechanism is not intended to be used as the basis for the dispute settlement procedures under this or any other agreement. Party in such arbitration shall not be used in procedures of justification or evidence, and the Tribunal shall not be taken into account: (a)) position to be in the course of the mediation procedure is taken by the other party; (b)) the fact that the other party has expressed its willingness to accept a solution, covered by mediation or c) tips or mediators. 2. The institution of mediation is without prejudice to the rights and obligations of the parties in accordance with the provisions on dispute settlement. 3. Unless otherwise agreed by the parties, without prejudice to article 331 of the agreement paragraph 6, all stages of the procedure, including tips and suggested solutions, are confidential. However, any party may communicate to the public that going in the mediation procedure. 334. Article terms any time limits referred to in this chapter may be amended by the parties to the proceedings by agreement. 335. Article costs 1. Each Party shall bear its own expenses incurred in participating in the mediation procedure. 2. the parties jointly and equally bear the expenses incurred in connection with organizational issues, including the mediator and his assistant salary and expenses, and in the event that the parties cannot agree on one of the languages of the procedure, all costs relating to translation. The mediator's remuneration shall be determined in accordance with the same rules as for the remuneration of the Chairman of the arbitration board the agreement in point 8 of Annex XXIV. 336. Article review five years after the entry into force of this agreement, the Parties shall consult, or the institution of mediation needs to be altered in the light of experience and the development of the mechanism of the WTO. Section v economic and sectoral cooperation chapter 1 energy cooperation, INCLUDING for the PURPOSES of article 337 1. the parties agree to continue and strengthen cooperation in the field of energy, to improve energy security, competitiveness and sustainability, which is especially important for promoting economic growth, and promote market integration, including gradual approximation to the energy sector and participation in the regional energy cooperation. Regulatory co-operation occurs, taking into account the need to ensure the relevant public service obligations, including measures to inform and protect consumers from unfair selling practices, and to ensure consumer access to energy at a reasonable price, including the most vulnerable populations. 2. cooperation shall be based on a comprehensive partnership, and it runs through mutual interest, reciprocity, transparency and the principles of iepriekšparedzamīb, it is compatible with the principles of a market economy, the 1994 Energy Charter Treaty, memorandum of understanding on cooperation in the field of energy and other relevant multilateral and bilateral agreements. 338. Article cooperation inter alia cover the following areas: (a)) energy strategy and policy implementation and forecasts and event development/development scenarios, as well as the improvement of statistical recording system in the energy sector, based on the timely exchange of information on energy balances and energy flows in accordance with international practice, as well as the improvement of infrastructure; b) effective mechanisms creation energy to address crisis situations in a spirit of solidarity; c) mutually important energy modernisation and improvement of the infrastructure, including the energy production capacity, energy network integrity, security and reliability, the Ukrainian electricity network of progressive integration into the European electricity network, as well as energy transit system a complete restoration and installation of cross-border measuring system at the external frontiers of Ukraine, mutually important new energy infrastructure in order to diversify energy sources, suppliers and transport routes and methods in a cost-effective and environmentally sound manner; d) competitive, transparent and free from discrimination, the creation of energy market convergence with EU rules and standards with the reform of the regulatory framework; e) cooperation in the 2005 Energy Community Treaty; f) energy trade, transit, exploration, extraction, refining, production, storage, transport, transfer, distribution and marketing of raw materials and products or energy-trading long-term stability, and the promotion and strengthening of security, on the basis of mutual benefit, and non-discriminatory basis in accordance with international rules and in particular with the 1994 Energy Charter Treaty, the WTO agreement and this agreement; g) attractive and stable investment environment, creating the progressive emphasis on institutional, legal, fiscal and other conditions, and encouraging mutual investment in the energy sector without discrimination; h) effective cooperation with the European investment bank (EIB), the European bank for reconstruction and development (EBRD) and other international financial organizations and instruments in order to support cooperation in the field of energy between the parties; I) energy efficiency and energy saving, including the development of energy efficiency policies and legal and regulatory systems with a view to achieving significant improvements in EU standards, including efficient energy generation, production, transport, distribution and use, which would be compatible with market mechanisms, as well as the efficient use of energy devices, lighting and buildings; j) of energy from renewable sources, as well as the development of alternative fuels and support cost-effective and environmentally friendly manner, including the sustainable production of biofuels, and regulatory cooperation, certification and standardisation, as well as technology and commerce development; k) the United Nations Framework Convention on climate change in 1997, the Kyoto Protocol on greenhouse gas emissions through energy efficiency and renewable energy projects in the implementation of the Joint mechanism; l) scientific and technical cooperation and exchange of information, to develop and improve energy production, transportation, delivery and end-use technologies, with a special focus on energy-efficient and environmentally friendly technologies, including carbon capture and storage and an efficient and clean coal technologies, in accordance with established principles, which among other things included in the agreement between the European Community and Ukraine on scientific and technological cooperation; m) cooperation in European and international standardisation bodies within the energy field. 339. Article, the Parties shall exchange information and experience, as well as to support the process of reform of the regulatory framework, which includes the coal industry (steam coal, coking coal and brown coal), in order to increase its competitiveness, improve safety and mine safety, and reduce environmental impacts, while taking into account the regional and social impacts. To improve efficiency, competitiveness and sustainability, the reorganisation process should cover the entire coal value chain, that is, from research through production and processing up to the conversion and processing of coal processing and combustion residues. This approach includes the emission of methane from coal, as well as from the oil and gas industry operations, landfills and agricultural sectors and the use of the recovery as it inter alia the global initiative of methane, which is part of the partners. 340. Article the parties hereby establish an early warning mechanism, as laid down in title V of this agreement (economic and sectoral cooperation) Chapter 1 (cooperation in the field of energy, including the purposes) in annex XXVI. 341. Article in a gradual rapprochement takes place according to the schedule laid down in Annex XXVII to this agreement. 342. Article 1 of the civil nuclear energy cooperation in the area of use takes place through specific agreements already concluded or to be concluded between the parties in this area in accordance with the relevant EU and its Member States or the European Atomic Energy Community (EURATOM) and the powers and competences of the Member States and subject to the legal procedures of each party. 2. such cooperation shall ensure high levels of nuclear safety, the use of nuclear energy for peaceful purposes and the use of clean nuclear energy, including nuclear energy, the use of civil actions, and the fuel cycle, including the production and trade of nuclear materials and nuclear security and safety, emergency preparedness, as well as with health and environment issues and non-proliferation issues. In this respect, the collaboration will also include policies and legal and regulatory systems for the future, based on EU legislation and practices, as well as to the International Atomic Energy Agency (IAEA) standards. The Parties shall promote civilian nuclear research and nuclear safety areas, including joint research and development activities, training and mobility of scientists. 3. the cooperation shall focus on the problems arising from the Chernobyl disaster, as well as the issue of Chernobyl nuclear power plant decommissioning, in particular: (a) the creation of the Division plan) (the Shelter Implementation Plan; SIP) to transform the destroyed reactor 4 (shelter object) environmentally sound system; b) used fuel management; c) decontamination; d) radioactive waste management; e) environmental monitoring; f) other areas, which might agree, for example medical, scientific, economic, regulatory, social administrative aspects related to efforts to mitigate the consequences of the disaster. Chapter 2 the macroeconomic cooperation, the EU and Ukraine article 343 promotes the progress of economic reform by cooperating to improve understanding of the basic principles of Economics, economic policy and the implementation of a market economy. Ukraine seeks to create a functioning market economy and to gradually harmonize its policies with the EU policies under the leading macroeconomic stability, sound public finances and a stable balance of payments. 344. Article in order to achieve this agreement in article 343 tasks, the Parties shall cooperate: a) Exchange information on macroeconomic performance and prospects and on development strategies; (b)) share the analysis of economic issues of mutual interest, including measures of economic policy and the instruments for its implementation, for example, economic forecasting methods and the development of strategic policy documents, in order to strengthen policy development in Ukraine in accordance with the principles and practices of the EU; c) exchange knowledge in the field of macroeconomic management; d) cooperation includes the exchange of information on European economic and Monetary Union principles and operation. 345. Article on the questions contained in section V of this agreement (economic and sectoral cooperation), Chapter 2, regular dialogue will occur. 3. Public financial management-budget policy, internal control and external audit article 346. Cooperation in public financial management, based on international standards, is to provide a budgetary policy and the efficient public internal control and external audit systems development that is compatible with the accountability, transparency, economic efficiency and optimum operation, principles. 347. Article, the Parties shall exchange information, experiences, best practices and other measures, in particular the following. 1. budgetary policy: a) the medium-term budgetary forecasting/planning systems; (b)) to programs improving access-oriented budget process and budget implementation efficiency analysis; (c)) for the exchange of information and experience on planning and improving the implementation of the budget, and the national debt. 2. In the field of external audit:-the international organisation of supreme audit institutions (INTOSAI) standards and methods of implementation, as well as exchanges with EU best practice external public financial control and auditing, with particular attention paid to their respective authorities; 3. the public internal financial control:-public internal financial control system, further development of the harmonising it with the internationally recognised standards (Institute of Internal Auditors (IIA), the International Federation of Accountants (IFAC), INTOSAI) and methodologies, as well as public institutions EU internal control and internal audit practices. 4. in the field of the fight against fraud: – fraud and corruption prevention and the improvement of the methods of the area covered by title V of this agreement (economic and sectoral cooperation) Chapter 3, including the relevant administrative cooperation. 348. Article on the questions contained in section V of this agreement (economic and sectoral cooperation) Chapter 3, regular dialogue will occur. Chapter 4 taxation article 349. Parties shall cooperate with a view to promoting good governance in the field of taxation with a view to further improve economic relations, trade, investment and fair competition. 350. Article referring to article 349 of this agreement, the parties acknowledge and commit to the principles of good governance in the tax area, that is, the principles of transparency, exchange of information and fair tax competition principles, as determined by the Member States at EU level. To that end, without prejudice to the competence of the EU and the Member States, the parties will enhance international cooperation in the field of taxation, promote illegal tax revenue collection and develop measures above for the effective implementation of the principle. 351. Article improve and, moreover, the Parties shall strengthen cooperation aimed at improving and developing the Ukrainian tax system and management, including the collection and control capacity-building, with particular attention paid to the value added tax (VAT) refund procedures, in order to avoid the accumulation of overdue payment, ensure effective tax collection and strengthen the fight against tax fraud and tax evasion. The Parties shall endeavour to increase cooperation and the exchange of experience in the field of tax fraud, especially on a carousel fraud. 352. Article parties improve cooperation and harmony plans and tax fraud, smuggling and preventing. This cooperation includes, amongst others, gradually, the greatest possible approximation of excise rates for tobacco products, taking into account regional constraints, including regional dialogue and according to the World Health Organization 2003 Framework Convention on tobacco control. To this end, the parties will seek to strengthen cooperation in a regional context. 353. Article progressive tax structure, as defined in the EU acquis, in accordance with annex XXVIII of this agreement. 354. Article on the questions contained in section V of this agreement (economic and sectoral cooperation) Chapter 4, regular dialogue will occur. 5. DEPARTMENT of statistics Article 355 parties shall develop and strengthen cooperation on statistics, thereby contributing to the long-term objective of ensuring timely, internationally comparable and reliable statistical data-. It is expected that the sustainable, efficient and professionally independent national statistical systems will provide information pertaining to citizens, businesses and decision makers in the Ukraine and the EU, thus enabling them to make informed decisions. National statistical system should comply with the United Nations fundamental principles of official statistics, taking into account the EU acquis on statistics, including in the European statistics code of practice, in order to harmonise the national statistical system with the European norms and standards. The acquis on statistics are collected each year in the updated summary of requirements by the parties of the agreement annexed (annex XXIX). 356. Article cooperation objectives are: (a)) further improve the capacity of national statistical systems, focusing on the right legal basis, adequate data and metadata distribution policy and use; b) gradually to bring the Ukrainian system of statistics within the European statistical system; (c) provision of data) to improve the EU, taking into account the relevant international and European application of the methodology, including classification; d) improve working professionals in the field of statistics and management capacity, in order to facilitate the application of the EU statistical standards and to promote the development of Ukrainian statistics system; e) to improve the exchange of experience between parties on the know-how related to statistics current events; (f)) to promote comprehensive quality management for all statistical creation and distribution processes. 357. Article the Parties shall cooperate in the framework of the European statistical system, which is the EU'S statistics office Eurostat. Cooperation inter alia to the following areas: (a) statistics, including) population census; b) agricultural statistics, including the agricultural accounting and environmental statistics; (c)), including statistics of business registers and the use of administrative resources for statistical purposes; (d)), including the balance sheet; e) national accounts; f) external trade statistics; g) regional statistics; h) comprehensive quality management for all statistical creation and distribution processes. 358. Article among the Parties shall exchange information and expertise and improve cooperation, taking into consideration the experience gained in the reform of the statistical system of the various assistance programmes. Should endeavour to achieve further progressive approximation to EU acquis on statistics, on the basis of the Ukrainian statistics system improvement national strategies, taking into account the relevance of the European statistical system. The statistical data in the process of building a special focus on sample surveys for further development, taking into account the need to reduce the response burden. Data are for policy development and monitoring of all major social and economic life. 359. Article on the questions contained in section V of this agreement (economic and sectoral cooperation) Chapter 5, regular dialogue takes place. As far as possible, should enable Ukraine to participate in the European statistical system the action undertaken in accordance with the usual rules of participation of third countries. Chapter 6 environment article 360 the Parties shall develop and strengthen cooperation on environmental matters, thus contributing to the long-term objective of ensuring sustainable development and environment-friendly economy. It is expected that Ukraine and the EU citizens will benefit from improved environmental protection, including improved public health, natural resources, persist will increase economic and environmental efficiency, improve the integration of environmental concerns into other policy areas, and increase production of advanced technology use. Cooperation takes place in the best interests of the parties and on the basis of equality and mutual benefit, while respecting the existing dependencies between the parties in the field of environmental protection and the relevant multilateral agreements. 361. Article Collaboration aimed at environmental conservation, protection, improvement and restoration of the quality of human health, the prudent and rational use of natural resources and the promotion of measures at international level to regional and global environmental problems, in particular in the following areas: (a)) climate change; b) environmental management and horizontal issues, including education and training, and access to environmental information and decision-making processes; c) air quality; (d)), water quality and water resources management, including the marine environment; (e)) and waste resource management; f) nature protection, including biological and landscape diversity conservation and protection (eco-net); g) industrial pollution and industrial risks; h) chemicals; I) genetically modified organisms, including agriculture; j) noise pollution; (k)), civil protection including natural and man-made hazards; l) urban environment; m) environmental fees. 362. Article 1 the parties inter alia: (a)) share information and knowledge; (b) to implement joint research) and exchange information on cleaner technologies; (c) action plan) in case of disasters and other emergencies; d) joint actions implementing the regional and international level, including the party ratified multilateral environmental agreements and, where appropriate, joint actions within the framework of the agency concerned. 2. the Parties shall pay particular attention to cross-border issues. 363. Article gradual approximation of Ukraine to EU law and policy in the field of the environment takes place in accordance with the annex to this agreement XXX. 364. Article civil protection Cooperation in the industry happens through special agreements concluded between the parties in this area in accordance with the respective powers of the EU and its Member States and the competencies and subject to the legal procedures of each party. Its purpose is, inter alia, the following: (a)) to facilitate mutual assistance in emergency situations; (b)) 24 hours a day to share early warnings and updated information about cross-border emergencies, including requests for assistance and tenders; (c)) to assess the environmental impact of disasters; d) invite experts to specific technical workshops and symposia on civil protection issues; e) regularly invite observers to specific practices and teachings, and/or the EU Ukraine; (f) strengthen existing cooperation) for the civil protection capabilities available for most effective use. 365. Article cooperation inter alia cover the following tasks: (a)), to develop comprehensive environmental strategy, which covers the planned institutional reforms (with schedules), to ensure implementation of environmental legislation and enforcement; distribute environmental management competencies at national, regional and local level; decision-making procedures and the implementation of decisions; procedures that facilitate the integration of environmental concerns into other policy areas; identify the necessary human and financial resources and review mechanism; (b)) to develop air quality strategy sectors; water quality and resource management, including the marine environment and resources management of wastes; nature protection; industrial pollution and industrial risk and chemicals, including clearly defined implementation schedules and steps, administrative responsibilities, and funding strategies for investment in infrastructure and technology; c) to develop and implement climate change policies, especially as listed in annex XXXI to this agreement. 366. Article on the questions contained in section V of this agreement (economic and sectoral cooperation) in Chapter 6, regular dialogue will occur. Chapter 7 TRANSPORT article 367 part: a) extend and strengthen cooperation in the field of transport, in order to support a sustainable transport system; (b) supporting efficient, secure) transport in the transport system, as well as compatibility and interoperability; c) seeks to improve the main transport connections between their territories. 368. Article 1. Cooperation between the parties aimed at facilitating the Ukrainian transport sector reorganisation and modernisation and gradual approximation to the performance standards and plans that would be comparable to the EU, in particular in implementing annex XXXII to this agreement, the measures provided for, without prejudice to the obligations arising from the specific transport concluded between the parties to the agreements. The implementation of these measures do not conflict with the rights and obligations of the parties under the party concluded international agreements or membership in international organizations. 2. in addition, the aim of cooperation is to improve the movement of passengers and goods, to increase the efficiency of traffic flows between Ukraine and the EU and third countries in the region by removing administrative, technical, cross-border and other obstacles, improving transport networks and upgrade the infrastructure, in particular the main transport axes connecting the hand. Cooperation shall include measures to facilitate border crossing. 3. Cooperation shall include the exchange of information and joint actions: – regional level taking into account, in particular, and taking over the progress of the different regional transport cooperation arrangements, such as the Eastern partnership, the European transport Committee-Caucasus-Asia transport corridor (TRACECA), Baku process and other initiatives on transport; -at international level, including in connection with international transport organizations and international agreements and conventions ratified by the parties to the various EU transport agency; 369. Article this cooperation inter alia cover the following areas: (a) sustainable national transport) policy development, covering all modes of transport, in particular in order to ensure efficient, reliable transportation system in the transport sector and stimulate the integration of considerations in other policy areas; b) sectoral strategies, the development of national transport policies in an environment (including the legal requirements of the technical equipment and the updating of the transport fleet in order to comply with the highest international standards) of road, rail, inland waterway, aviation and maritime transport sectors and the development of interoperability, including the timetable and stages, administrative duties, as well as financing plans; c) multi-modal transport network development, which would be connected with the trans-European network for transport (TEN-T) and improving the infrastructure policy, to better identify and assess the various modes of transport infrastructure projects; the financing strategy development, which focuses on maintenance, capacity constraints and the missing stage infrastructure, as well as private sector participation in the transport projects and promoting activation, as set out in annex XXXIII to this agreement; d) accession to the relevant international transport agreements, including the organisation and procedures that ensure international transport agreements and conventions in the strict implementation and enforcement; e) scientific and technical cooperation and exchange of information technology, for example, intelligent transport systems, development and improvement; f) intelligent transport systems and promoting the use of information technology for all types of transport management and operation, as well as interoperability support and cooperation in the use of space systems and their commercial application, to improve transport. article 370 of the questions contained in section V of this agreement (economic and sectoral cooperation) Chapter 7, regular dialogue will occur. Chapter 8 space article 1 371. the parties support the mutually beneficial cooperation in the civil space research and space applications, in particular in the following areas: (a)) global navigation satellite systems; b) Earth observation and global monitoring; c) space science and research; (d)) of applied space technologies, including sējraķeš and propulsion technology. 2. the parties will encourage and facilitate the exchange of experience on space policy, administration and legal aspects, as well as space technology industrial reorganisation and commercialization. 372. Article 1. cooperation will include the exchange of information on policies and programmes and the relevant cooperation and joint projects, including the participation of the institutions of the Ukrainian space and transport topics the next EU research and innovation framework programme "Horizon 2020". 2. the parties will encourage and support the exchange of scientists and networking. 3. cooperation may include the exchange of experience on space research and the Institute of management, as well as the creation of an environment conducive to research and the application of new technologies, and on the appropriate protection of intellectual, industrial and commercial property rights. 373. Article on the questions contained in section V of this agreement (economic and sectoral cooperation) in Chapter 8, regular dialogue will occur, including appropriate coordination and cooperation with the European Space Agency on these and other important questions. 9. cooperation in the FIELD of science and technology article 374. Parties shall develop and strengthen cooperation in science and technology with the aim of promoting both scientific progress itself, and the two parties ' scientific ability to participate in national and global problem solving. The Parties shall endeavour to support progress in the knowledge of science and technology, which is important for sustainable economic development, strengthening their research capabilities and human resources potential. Sharing scientific knowledge and the consolidation will improve the competitiveness of the parties, increasing their economic capacity to generate and use knowledge, how to commercialize new products and services. Finally, the parties will develop their scientific potential, in order to fulfil their obligations and commitments at the global level in areas such as health-related issues, including environmental protection, climate change and other global changes. 375. Article 1. This cooperation takes place, having regard to current official system of cooperation established by the agreement between the European Community and Ukraine on scientific and technological cooperation, and taking into account the objectives of Ukraine gradually draw closer to EU policies and legislation in the field of science and technology. 2. Cooperation between the parties to facilitate the participation of Ukraine in the European research area. 3. Such cooperation helps Ukraine to reform and reorganize its management system of science and research institutions (including improving its ability to develop research and technology), to promote a competitive economy and knowledge society. 376. Article cooperation shall in particular cover the following areas: (a)) a reciprocal exchange of information on Science and technology policy; (b) on the next EU membership) research and innovation framework programme "Horizon 2020"; (c) scientific programmes and research) of the joint implementation of activities; d) joint research and development activities aimed at encouraging scientific progress and technology and the transfer of know-how; e) training with the researcher and expert exchange programmes; f) common science and technology development activities and features; (g) implementing measures), the aim of which is to create an environment conducive to research and the use of new technologies, and research results into adequate intellectual property protection; h) cooperation in the regional and international level, in particular the Black Sea, and in the context of multilateral organisations such as the United Nations Educational, scientific and Cultural Organization (UNESCO), Organisation for economic cooperation and development (OECD) and the G8, as well as multilateral agreements, such as the 1992 United Nations Framework Convention on climate change (UNFCCC); I) exchange of experience in research and scientific management of the institutions, to develop and improve their ability to conduct scientific research and to participate in it. 377. Article on the questions contained in section V of this agreement (economic and sectoral cooperation) Chapter 9, regular dialogue will occur. 10. DEPARTMENT of industrial and enterprise policy, article 378, the Parties shall develop and strengthen cooperation in industrial and enterprise policy, thus enhancing trade in all economic operators, but in particular attention to small and medium-sized enterprises (SMEs). Reinforced cooperation should improve the administrative and regulatory framework for both Ukraine and EU businesses operating in Ukraine and the EU, it should be based on EU industrial policy and SMES, taking into account internationally accepted principles and practices in this area. 379. Article in order to achieve this agreement, article 378 of the tasks required, the Parties shall cooperate: (a) the implementation of the strategy of SMEs) development on the basis of the European Charter for small enterprises, and to monitor the implementation of the principles of the process with the annual report and the dialogue. This cooperation will also include targeting micro-enterprises and craft enterprises, which is extremely important to both the EU and the Ukrainian economy; (b)) create better framework conditions by exchanging information and best practice, improving competitiveness. This cooperation will include the management of structural change (restructuring) and environmental and energy issues, such as energy efficiency and cleaner production; (c) simplify and streamline regulation) and regulation practices, focusing on good practice sharing on regulatory techniques, including the principles of the EU; (d) encourage innovation) policy development, exchanges of information and best practices on the commercialization of research and development (including support tools for starting a business on technology), cluster development and access to finance; e) encourage closer contacts between the EU and Ukraine and between these companies and the Ukraine and the EU institutions; (f) support the export incentive) creating actions in Ukraine; g) facilitate both Ukraine and EU industrial modernisation and reorganisation of certain sectors. 380. Article on the questions contained in section V of this agreement (economic and sectoral cooperation) Chapter 10, regular dialogue will occur. It will include representatives of the EU and the Ukrainian company. 11. the Division of mining and metals mining article 381 the Parties shall develop and strengthen cooperation with regard to mining and metals mining in order to promote mutual understanding, improve the business environment, to exchange information and cooperate on matters not related to energy, especially for metal ores and industrial mineral mining. This cooperation is without prejudice to the provisions of the coal referred to in article 339 of this agreement. 382. the article in order to achieve this agreement 381 tasks defined in article, the Parties shall cooperate: a) the exchange of information about mining and metals of the baseline in the mining industry; (b)) share information on the EU and the Ukrainian mining and metal mining prospects for consumption, production, and market forecasts; c) Exchange information on the measures taken by the parties to facilitate the restructuring process in these sectors; d) Exchange information and best practices concerning the mining and metals mining sustainable development in Ukraine and the EU. 12. the financial services CHAPTER 383. Article acknowledging that financial services is necessary to an effective set of rules and practices, to create a fully functional market economy and promote trade exchanges between the parties, the parties agree to cooperate in the field of financial services: (a)) to support the financial services regulatory adjustment process open to the needs of the market economy; (b)) and other investors to provide financial services to consumers in an effective and appropriate protection; (c)) to ensure global financial stability and integrity of the system; (d)) to promote cooperation between the various actors of the financial system, including regulators and supervisory authorities; e) provide independent and effective monitoring. 384. Article 1. the Parties shall promote cooperation between relevant regulatory and supervisory authorities, including exchange of information, sharing knowledge about financial markets and other such measures. 2. particular attention shall be paid to the development of the administrative capacity, inter alia, through staff exchanges and joint training. 385. Article the Parties shall promote gradual approximation to the recognized international standards in financial services regulation and surveillance. The relevant parts of the EU acquis in the area of financial services is included in section IV of this agreement (trade and trade-related matters) in Chapter 6 (business, trade and electronic commerce). 386. Article on the questions contained in section V of this agreement (economic and sectoral cooperation) in Chapter 12, regular dialogue will occur. 13. the DEPARTMENT of commercial law, CORPORATE governance, accounting and auditing article 387 1. Recognizing that commercial law and corporate governance, as well as accounting and auditing is required for an effective set of rules and practices, to create a fully functional market economy and facilitate trade between the parties, the parties agree to cooperate in order to: (a) for the protection of shareholders), vendors, and other interested parties in accordance with the EU rules in this area, as listed in annex XXXIV to this agreement; (b)) at the national level implementation of relevant international standards and gradually approach the EU law, accounting and auditing, as listed in annex XXXV to this agreement; c) develop corporate governance policies in accordance with international standards, as well as gradually approach the EU rules and recommendations in this area, as listed in annex XXXVI to this agreement. 2. the parties will aim to share information and knowledge about both existing systems and the innovation in these areas. In addition, the parties will seek to improve the exchange of information between the Ukrainian State register and business registry within the EU Member States. 388. Article on the questions contained in section V of this agreement (economic and sectoral cooperation) in chapter 13, regular dialogue will occur. 14. Chapter information society article 389 parties shall establish cooperation in the development of the information society for the benefit of citizens and economic operators, providing information and communication technology (ICT) widespread availability and better quality service at an affordable price. This cooperation will further improve electronic communications services market access, stimulating competition and investment in the industry. 390. Article Collaboration aims to implement national strategies for the information society, to develop a comprehensive electronic communications framework and a more active involvement of Ukraine in EU research activities in the field of ICT. 391. Article cooperation shall include the following aspects: (a) to promote access to broadband), improving network security, giving the opportunity to citizens, businesses and administrations make extensive use of ICT, the development of local content on the internet and online services, particularly with regard to e-business, e-Government and e-health and e-learning; (b)) to coordinate the electronic communication policy in order to make optimal use of the radio spectrum and ensure interoperability between Ukraine and EU networks; (c) to strengthen national regulators) the independence and administrative capacity in the field of communications, to ensure the ability to apply appropriate regulatory measures and execute its decisions and all applicable rules and guarantee fair competition in the markets. National regulators communications should cooperate with competition authorities to monitor the market; (d) promote joint) research projects in the area of information and communication technologies, the next EU research and innovation framework programme "Horizon 2020". 392. Article, the Parties shall exchange information, best practices and experiences, undertake joint measures in order to develop a comprehensive framework and providing electronic communications markets are effective and undistorted competition. 393. Article the parties encourage cooperation between national regulators in Ukraine in the field of communications and EU national regulators. 394. Article 1. the Parties shall encourage the progressive approximation to EU legislation and the legal framework of the information society and electronic communications. 2. The relevant provisions and the EU acquis on information society and electronic communications are contained in section IV of this agreement (trade and trade-related matters), Chapter 6 (business, trade and electronic commerce) in part 3 of Appendix XVII (telecommunications service rules). 395. Article on the questions contained in section V of this agreement (economic and sectoral cooperation), chapter 14, regular dialogue will occur. Chapter 15 audiovisual policy article 1 396. Parties shall cooperate with a view to promoting the development of the audiovisual industry in Europe and encourage the collaboration of film and television. 2. Cooperation could include inter alia the training of journalists and other media professionals from both the print and electronic media environment, as well as support for public and private media to strengthen their independence, professionalism and links with the European media, respecting European standards, including the European The Council's standards. 397. Article Progressive approximation to EU legislation and the legal framework and international instruments in the field of audiovisual policy, in particular in accordance with the annex to this agreement, XXXVII. 398. Article on the questions contained in section V of this agreement (economic and sectoral cooperation) Chapter 15, regular dialogue will occur. Chapter 16 tourism article 399. Parties shall cooperate in the field of tourism in order to improve competition in the tourism industry, to encourage economic growth and opportunity, employment and foreign exchange trading. 400. Article 1. bilateral cooperation, regional and European level should be based on the following principles: (a)), the local community, especially in rural areas, integrity and interests; (b) the special cultural heritage); c) tourism and environmental protection in a positive interaction. 2. the relevant provisions concerning tour operators are contained in section IV of this agreement (trade and trade-related matters) in Chapter 6 (business, trade and electronic commerce). The relevant provisions on the movement of persons are contained in article 19 of this agreement. 401. Article cooperation shall in particular cover the following areas: (a)), best practice information, exchange of experience and transfer of know-how, including innovative technologies; (b) the establishment of strategic partnership), taking into account the public, private and public interests to ensure the sustainable development of tourism; (c)) and market tourism products, infrastructure, human resources and institutional structures for the promotion and development; d) effective policy and strategy development and implementation, including appropriate legal, administrative and financial aspects; e) training and capacity building in the field of tourism service standards; (f)) in the tourism development and promotion. 402. Article on the questions contained in section V of this agreement (economic and sectoral cooperation) Chapter 16, regular dialogue will occur. 17. DEPARTMENT of agriculture and rural development article 403 parties cooperate to promote agricultural and rural development, in particular the progressive policies and approximation of legislation. 404. Article between the agricultural and rural development, among others, cover the following areas: (a) the improvement of mutual understanding) on agricultural and rural development policy; (b) improving the administrative capacity) at Central and local level policy planning, evaluation and implementation; c) modern and sustainable agricultural production, respecting the environment and animal welfare, including organic production methods and the extension of the use of biotechnology, inter alia by taking the best practices in these areas; d) knowledge and best practices on the rural development policy, to improve the well-being of rural communities; (e) the improvement of competition) in the agricultural sector and market efficiency and transparency, as well as the improvement of investment conditions; (f) dissemination of knowledge by training) and information measures; (g) the promotion of innovation), through research and extension services for agricultural producers; (h) international organizations) addressed the issue of harmonisation; I) on best practices support mechanisms for agricultural policy and rural regions; j) agricultural product quality policy the promotion of product standards, production and quality systems requirements. 405. the cooperation referred to in the ARTICLE, without prejudice to section IV of the agreement (trade and trade-related issues), the Parties shall encourage the progressive approximation to the respective EU legislation and regulatory standards, in particular those listed in the annex to this agreement, XXXVIII. 406. Article on the questions contained in section V of this agreement (economic and sectoral cooperation) in chapter 17, regular dialogue will occur. 18. Fisheries and maritime affairs policy section 1 of the fisheries policy article 407 1. The Parties shall cooperate in mutually beneficial areas of common interest in the fisheries sector, including the living water conservation and management of resources, inspection and control, data collection and the fight against illegal, unreported and unregulated fishing. 2. such cooperation will be complied with international obligations in respect of living water resources management and conservation. 408. Article parties shall take joint measures, share information and support each other to promote: (a)) good governance and implementation of best practices in the field of fishery management in order to ensure the conservation of fish stocks and sustainable management based on the ecosystem approach; b) responsible fishing and fishery management in accordance with the principles of sustainable development, in order to preserve fish stocks and ecosystems healthy state; (c)) cooperation in regional fisheries management organisations (RFMOs). 409. Article referring to article 408 of the agreement and taking into account the best scientific advice, the parties will cooperate and coordinate their activities strengthen the living aquatic resource management and conservation of the Black Sea. The parties will promote further international cooperation in the Black Sea with the intention of improving relations within the framework of the relevant RFMO. 410. Article parties will support initiatives such as the exchange of experience and mutual support in order to ensure the implementation of a sustainable fisheries policy, based on the priorities of the EU acquis in this area, including: (a)), living aquatic resources and the fishing effort management of technical measures; b) fish inspection and control, using the necessary surveillance equipment, including the vessel monitoring system, as well as relevant administrative and legal structures that are able to apply the appropriate measures; (c) coherent, unloading the catch), Navy, biological and economic data collection; d) fishing capacity management, including operational fishing fleet register; e) market efficiency, in particular by supporting producer organisations by providing information to consumers and introducing marketing standards and traceability; f) structural policy in the fisheries sector, with particular emphasis on the sustainable development of coastal communities. section 2 maritime policy 411. Article considering cooperation in fisheries, transport, the environment and other sea-related policies in the field of development cooperation of the parties, on the integrated maritime policy, in particular: (a) to promote an integrated approach) Maritime Affairs, governance and best practices in maritime use; (b) create mutually šķīrējmehānism) competing human activities and manage their impact on the marine environment, promoting maritime spatial planning which is a tool for better decision making; c) promote sustainable coastal and marine development of the industrial sector, improving economic growth and employment, through the exchange of best practices; (d) promote strategic alliances) between the marine industries, services and scientific research institutions specializing in marine and maritime research, including creating the maritime clusters in different sectors; e) on the basis of the Burgas coordination and information center experience, try to improve the security and safety measures in Maritime Affairs and promote cross-border and sectoral maritime surveillance to address growing risks related to the intense maritime traffic, ship-source discharges of polluting substances, maritime accidents and illegal activities; f) create a regular dialogue and promote networking between different stakeholders in the area of Maritime Affairs. 412. Article cooperation shall include the following in particular: (a)), best practice information, exchange of experience and transfer of know-how in Maritime Affairs, including innovative technologies for the maritime sector; b) exchange of information and best practices on project funding opportunities, including public-private partnerships; (c) improvement of cooperation) between relevant international maritime fora. section 3-regular dialogue on fisheries and maritime affairs policy article 413 of the questions contained in section V of this agreement (economic and sectoral cooperation) 1 and of chapter 18, section 2, regular dialogue will occur. 19. Chapter 414. Danube River article keeping in mind the Danube River basin transboundary nature and its historical significance in coastal communities, the Parties shall: (a) strictly implemented yet) international commitments by the EU Member States and Ukraine entered into navigation, fish, environmental protection, in particular in the field of aquatic ecosystems, including living water conservation to achieve good environmental status, as well as other relevant human activity areas; b) if necessary, support initiatives to develop bilateral and multilateral agreements and arrangements, the purpose of which is to encourage sustainable development and to pay particular attention to respecting the traditional lifestyle of coastal communities and to economic activity is done in the Danube River basin using integrated. 20. The DEPARTMENT of consumer protection, article 415, the Parties shall cooperate to ensure a high level of consumer protection and to ensure their interoperability of consumer protection. 416. Article in order to achieve these objectives, the cooperation shall in particular include: (a) information for consumers) Exchange protection systems; (b) exchange of experiences on the) legislative and technical capacity to implement the legislation and market surveillance systems; (c) the provision of information to consumers); d) training activities for officials of Government and representatives of consumer interests; e) independent consumer associations and contacts between representatives of consumer interests. 417. Article Ukraine gradually approximate its legislation with the EU acquis, as provided for in annex XXXIX this agreement while avoiding trade barriers. 418. Article on the questions contained in section V of this agreement (economic and sectoral cooperation) in Chapter 20, regular dialogue will occur. 21. cooperation between the DEPARTMENT of employment, social policy and equal opportunities matters. Article 419 in the light of section IV of the agreement (trade and trade-related matters), chapter 13 (trade and sustainable development), the Parties shall strengthen dialogue and cooperation to promote the decent work agenda, the employment policies, health and safety at work, social dialogue, social protection, social inclusion, gender equality and non-discrimination. 420. Article collaboration areas included in Article 419 of this agreement, the following objectives: (a)) to improve the quality of human life; (b) to address such common) problems as globalisation and demographic change; (c)) to create more and better jobs with decent working conditions; (d)) to promote social justice and the rule of law, reforming the labour market; (e) to promote labour) market conditions that combine flexibility with security; (f)) to promote active labour market measures and improve the efficiency of employment services, to better meet the needs of the labour market; (g) promote inclusive labour) market that integrates people with disabilities; (h)) to reduce the shadow economy, transforming undeclared work; I) to improve the health and safety at work, including educational and training measures on health and safety issues, promoting preventive measures, preventing major-accident hazard, managing toxic chemicals and exchanging best practice and research in this field; j) to improve the level of social protection and modernise social protection systems, namely, quality, accessibility and financial sustainability; (k)) to reduce poverty and improve social cohesion; l) strive to ensure gender equality and equal opportunities for women and men in employment, education, training, economic sectors and society, as well as decision making; m) to combat all forms of discrimination; n) improve the capacity of the social partners and to promote social dialogue. 421. Article party encourages all relevant stakeholders, in particular the social partners, as well as civil society organisations, involvement in Ukraine's political reforms and cooperation between the parties to this agreement. 422. Article parties promoting corporate social responsibility and accountability and encourages responsible business practices that support the UN initiative "Global 2000", the International Labour Organisation (ILO) 1977 "Tripartite Declaration on multinational enterprises and social policy, the applicable principles" with the 2006 amendments to the 1976 and the OECD guidelines for multinational enterprises "," by the year 2000. 423. Article, the Parties shall endeavour to promote cooperation on employment and social policies in all relevant regional, multilateral and international forums and organisations. 424. Article Ukraine ensures the progressive approximation to EU standards and practices, employment, social policy and equal opportunities, as set out in the annex to this agreement, XL. 425. Article on the questions contained in section V of this agreement (economic and sectoral cooperation) Chapter 21, regular dialogue will occur. 22. the DEPARTMENT of public health article 426. The Parties shall develop cooperation in the field of public health, in order to improve the safety of public health and human health, which is a precondition for sustainable development and economic growth. 427. Article 1. Cooperation shall, in particular, cover the following areas: (a)) of Ukrainian public health system and its capacity building, in particular in implementing the reforms, the development of primary health care and training of staff; (b)), infectious diseases such as HIV/AIDS and tuberculosis, prevention and control, enhanced training of highly pathogenic disease outbreaks and the international health regulations; (c) non-infectious disease) prevention and control, exchanging information and best practices, promoting the healthy way of life, addressing the key determinants of health, and problems such as maternal and child health, mental health and addiction to alcohol, drugs and tobacco, including implementing the 2003 Framework Convention on tobacco control; (d)) of human origin as blood, tissue and cell quality and safety; e) health information and knowledge, including in relation to access to "health in all policies". 2. To this end, the Parties shall exchange data and best practices and carry out other joint activities, including the approach of "health in all policies" and through the gradual integration of Ukraine in the European networks in the field of public health. 428. Article Ukraine gradually approximate its legislation and practices the principles of the EU acquis, in particular in relation to infectious diseases, blood, tissues and cells, as well as tobacco. Select the list of elements of the EU acquis is contained in the annex to this agreement, XL. 429. Article on the questions contained in section V of this agreement (economic and sectoral cooperation) in Chapter 22, regular dialogue will occur. 23. the DEPARTMENT of education, training and youth article 430. While fully respecting the responsibility of the parties on the teaching content and the structure of the education system and their cultural and linguistic diversity, the Parties shall promote cooperation in education, training and youth, in order to improve mutual understanding, promote intercultural dialogue and raise awareness about their respective cultures. 431. Article parties undertake to step up cooperation in the field of higher education with the aim in particular: (a)) to reform and modernise higher education systems; (b) of the Bologna process) to promote the convergence arising in the field of higher education; (c)) to enhance the quality of higher education and compliance; d) reinforce cooperation between institutions of higher education; e) to improve the capacity of higher education institutions; f) increase student and teacher mobility, focusing on cooperation in the field of education in order to facilitate access to higher education. 432. Article, the Parties shall endeavour to increase the exchange of information and experience, to encourage closer cooperation in vocational education and training, with a view in particular to: (a)) to develop vocational education and training system and further vocational training throughout working life, adapting to the changing needs of the labour market; (b)) to establish a national system to improve the qualifications and skills of extracting transparency and recognition, as far as possible, taking into account the experience of the EU. 433. Article parties explore the possibility of cooperation in other areas, such as secondary education, distance education and lifelong learning. 434. Article, the parties agree to encourage closer cooperation and exchange of expertise in youth policy and young people's non-formal education with the aim of: (a) young people) to contribute to integration in society at large, encouraging active citizenship and their spirit of initiative; (b)) to help young people to acquire knowledge, skills and competencies outside the education system, including volunteer work, and recognize the value of such experience; c) improve cooperation with third countries; (d)) to promote Ukraine and the EU and its Member States and youth organisations; e) to promote a healthy lifestyle, paying special attention to youth. 435. the article the Parties shall cooperate, taking into account the agreement of the recommendations listed in annex XLII. 436. Article on the questions contained in section V of this agreement (economic and sectoral cooperation) in Chapter 23, regular dialogue will occur. Chapter 24 Article 437 of the culture the Parties shall promote cooperation in the field of culture, to enhance mutual understanding and to encourage cultural exchanges, as well as improve the EU and Ukrainian art and artists ' mobility. 438. the parties encourage the ARTICLE culture of dialogue among individuals and organizations representing civil society and cultural institutions of the EU and the Ukraine. 439. Article, the parties concerned shall cooperate closely in international fora including the United Nations Educational, scientific and Cultural Organization (UNESCO) and the Council of Europe, among others, to develop cultural diversity and maintain and assess the cultural and historical heritage. 440. Article, the Parties shall endeavour to maintain regular political dialogue on culture, to accelerate the development of cultural industries in the EU and the Ukraine. To this end, the Parties shall implement the UNESCO 2005 Convention on the protection and promotion of the diversity of cultural expressions. 25. cooperation between the DEPARTMENT of sports and physical activity sector 441. Article 1 the Parties shall cooperate in sports and physical activities, to all age groups help to adopt healthy lifestyles, encourage sports social features and educational values and combat threats such as doping, sport results, racism, and violence. 2. Such cooperation shall include the exchange of information and best practices in the following areas: (a)) physical activity and sports promotion with the help of the education system in cooperation with the national authorities and non-governmental organizations; (b) participation in sporting events) and physical activity as one of the healthy lifestyle and General wellness promotion; (c) national competence and qualification) systems in the sport sector; d) disadvantaged groups in the integration with sports; (e) the fight against doping); f) fight against results; g) security of large international sporting events. 442. Article on the questions contained in section V of this agreement (economic and sectoral cooperation) in chapter 25, regular dialogue will occur. 26. Civil society cooperation article 443 the Parties shall encourage the cooperation of civil society with a view to achieving the following objectives: (a)) to strengthen contacts and encourage the exchange of experience between all sectors of civil society in the EU Member States and Ukraine; b) to involve civil society in the implementation of this agreement, including, in particular, the EU and Ukraine on the development of bilateral relations; (c) wider in the EU Member States) to provide knowledge and understanding of Ukraine, including its history and culture; (d) to provide Ukraine more) knowledge and understanding of the European Union, including its underlying values, action and policy. 444. Article the Parties shall promote dialogue and cooperation between the two parties ' civil society stakeholders as an integral part of the EU-Ukraine relations: a) strengthening contacts and encouraging the mutual exchange of experience between civil society organisations in the EU Member States and Ukraine, in particular with the professional seminars, training events, etc.; (b)) making it easier for civil society organisations in the establishment and consolidation of the institutions, including awareness campaigns, informal networking, hands-on workshops, etc.; (c) the representatives of Ukraine) allows to get acquainted with the process of consultation and dialogue between social and civil partners in order to integrate the EU civil society in policy formulation processes in Ukraine. 445. Article on the questions contained in section V of this agreement (economic and sectoral cooperation) in chapter 26, regular dialogue will occur. 27. Chapter cross-border and regional cooperation article 446 parties shall promote mutual understanding and bilateral cooperation in the field of regional policy on regional policy development and implementation, including multi-level governance and partnership, with special attention to the development of disadvantaged regions and territorial cooperation, thus creating communication channels and promote the exchange of information by national, regional and local authorities, socio-economic sphere and civil society participants. 447. Article party support and strengthen the local and regional authorities involvement in cross-border and regional cooperation and the relevant management bodies to promote cooperation by establishing a legal framework for granting the powers to maintain and develop capacity building measures and promote cross-border and regional economic and business networks. 448. Article among other parties shall seek to develop the transport, energy, communications, culture, education, tourism, health and other areas covered by the agreement, cross-border and regional elements, if they are of the importance of cross-border and regional cooperation. In particular, the Parties shall encourage the development of cross-border cooperation for emergency services, equipment modernization and coordination. 449. Article on the questions contained in section V of this agreement (economic and sectoral cooperation) in Chapter 27, regular dialogue will occur. 28. Chapter membership in the AGENCY of the European Union and in article 450 of the Ukraine is allowed to participate to the EU agencies associated with the implementation of this agreement, and other EU agencies, if permitted by the Agency, the provisions of the Treaty and in accordance with these provisions of the Treaty. Ukraine entered into separate agreements with the EU, allowing it to participate in each such agency and to determine the amount of the financial contribution. 451. Article Ukraine is allowed to participate in all current and future Eu programmes which, in accordance with the provisions of the adoption of this programme shall be open to the participation of Ukraine, taking into account the relevant provisions of this program. Ukraine's participation in Eu programmes in accordance with the rules laid down in Protocol II, annexed framework agreement for 2010 between the European Union and Ukraine on the General principles for the participation of Ukraine in the EU. Article 452 shall inform Ukraine of EU, if you create a new EU Agency and a new program of the Union, as well as the changes in the membership of the Union programmes and agencies referred to in this agreement and in article 450.451. Title vi cooperation in the financial field and anti-fraud provisions Article 453 Ukraine receives financial assistance from the relevant EU funding mechanisms and instruments. This financial assistance will help achieve the objectives of this agreement, and shall provide in accordance with the following articles of this agreement. 454. Article the key principles of the financial assistance provided by the relevant provisions of EU financial instruments. 455. Article priority areas for EU financial aid, agreed between the parties, appropriate indicative programmes that reflect the political priorities on which to reach agreement. The indicative amount of aid determined in these indicative programmes shall take account of the needs of Ukraine, sector capacity and pace of reforms. 456. Article To the best use of the resources available, the Parties shall endeavour to implement the EU assistance, in close cooperation and coordination with other donor countries, organizations and international financial institutions, international aid effectiveness principles. article 457 of the financial assistance for legal, administrative and technical basis is determined by the relevant agreements between the parties. 458. the article the Association Council shall be informed of the progress and the financial assistance and its impact on the achievement of the objectives of this agreement. To this end, the parties concerned, the institutions shall provide adequate and continuous monitoring and evaluation information. 459. Article 1 the Parties shall implement aid measures in accordance with the principles of sound financial management and cooperate to protect the European Union and Ukraine's financial interests, as set out in the annex to this agreement, XLIII. The Parties shall take effective measures to prevent and to combat fraud, corruption and any other illegal activities, inter alia through the mutual administrative and legal assistance in the areas covered by this agreement. 2. To this end, the Ukraine gradually approximate its legislation provisions laid down in the annex to this agreement, XLIV. 3. This agreement shall apply to all Annex XLII future agreements or financial instruments concluded between the parties, and all other EU financial instruments to which Ukraine might, shall without prejudice to any additional disclaimers on audit, spot checks, inspections, controls and fraud prevention measures, such as those carried out by the European anti-fraud Office (OLAF) and the European Court of Auditors. Section VII INSTITUTIONAL, General and final provisions Chapter 1 institutional framework article 460 1. Top-level political and policy dialogue between the parties occur at a summit level. The Summit normally takes place once a year. Summit provides general guidelines for the implementation of this agreement and provide an opportunity to discuss any bilateral or international issues of mutual interest. 2. the ministerial level regular political and policy dialogue taking place in article 461 of this agreement, the Association Council and regular meetings, the representatives of the parties in accordance with a bilateral agreement. 461. Article 1 is hereby set up by the Council of Association. It monitors and monitor the application and implementation of this agreement and shall periodically review the operation of this agreement taking into account the objectives thereof. 2. the Association Council shall meet regularly at ministerial level at least once a year and when circumstances require. The Association Council in accordance with a bilateral agreement is in all the required configurations. 3. in addition to the application of this agreement and the supervision and monitoring of the implementation of the Association Council of any significant research issues arising from this agreement, mutual interest, and any bilateral or international issues. 462. Article 1. the Association Council shall be composed of the members of the Council of the European Union and members of the European Commission, on the one hand, and of members of the Government of Ukraine, of the other part. 2. the Association Council shall adopt its rules of procedure. 3. the Association Council shall be chaired alternately by a representative of the Union and Ukraine. 4. where appropriate and by mutual agreement, the Association Council may participate as observers in other bodies. 463. Article 1. to achieve the objectives of this agreement, the Association Council the power to take decisions within the scope of the agreement in the cases provided for therein. Such decisions are binding on the parties, which shall take appropriate measures, including, where necessary, special measures in accordance with this agreement to create structures to comply with decisions. The Association Council may also make recommendations. Decisions and recommendations shall be adopted by agreement between the parties, upon the completion of internal procedures. 2. In accordance with the provisions of the legislation of Ukraine the progressive approximation of the laws of the Union, as defined in this agreement, the Association Council will be the forum where the exchange of information on the European Union and Ukrainian legislation in preparation and in force, and on the implementation, enforcement and compliance measures. 3. to this end, the Council of association may update or amend the annexes to this agreement, taking into account the evolution of EU law and the applicable standards set out in international instruments, which the party considers important, without prejudice to the specific provisions contained in section IV of the agreement (trade and trade-related issues). 464. Article 1 is hereby set up by the Association Committee. It helps the Association Council in carrying out its duties. This provision is without prejudice to the obligations of the different forums addressing political dialogue as set out in article 5 of this agreement. 2. the Association Committee shall be composed of the representatives of the parties, normally at senior civil servant level. 3. the Association Committee shall be chaired alternately by a representative of the Union and Ukraine. 465. Article 1. The Association Council shall adopt its rules of procedure the duties of the Association Committee and the agenda, which also includes the duties of preparing the meetings of the Council of the Association. The Association Committee shall meet at least once a year. 2. The Association Council may delegate to the Association Committee any of its powers, including the authority to make binding decisions. 3. the Association Committee shall have the power to take decisions in the cases provided for in this agreement and the areas in which the Association Council has delegated its powers. These decisions are binding on the parties, and shall take appropriate measures to meet them. The Association Committee shall take decisions by agreement between the parties. 4. the Association Committee shall consist of, in particular, to address any matter related to this chapter of title IV (trade and trade-related issues). In this composition the Association Committee shall meet at least once a year. 466. Article 1. the Association Committee shall be assisted by subcommittees, established under this agreement, 2. The Association Council may decide to set up any other Special Committee or body in specific fields, if required, for the implementation of this agreement and shall determine the composition, responsibilities and working arrangements. In addition, the following special committees or bodies can discuss any issues that they consider important, without prejudice to any special section IV (trade and trade-related issues). 3. the Association Committee may create subcommittees also to collect data on a regular basis the progress of the dialogue referred to in title V of this agreement (economic and sectoral cooperation). 4. the Subcommittee shall be entitled to take decisions in the cases provided for in this agreement. They regularly report on demand for their work the Association Committee. 5. the subcommittees established in accordance with section IV of this agreement, in due time before its meetings shall inform the Association Committee of its Trade Committee in accordance with article 4 of the agreement, paragraph 465 of the date and agenda of the meetings. In its report on its work at each ordinary meeting of the Association Committee in its Trade Committee for this agreement, art. 465. 6. create a Subcommittee does not prevent the parties to submit any matter directly referred to the Association Committee, established in accordance with this agreement, including its article 464 of the Trade Committee. 467. Article 1. This creates the Parliamentary Association Committee. It is a member of the European Parliament and the Verkhovna Rada of Ukraine presents a forum for members to meet and exchange views. The Committee determines the frequency of the meetings. 2. the Parliamentary Association Committee are members of the European Parliament, on the one hand, and the Verkhovna Rada of Ukraine brings members of the other. 3. the Association Parliamentary Committee shall establish its rules of procedure. 4. the Parliamentary Association Committee headed by alternating European Parliament representative and Ukraine's Verkhovna Rada presents a representative in accordance with the rules laid down in the rules of procedure of the Committee. 468. Article 1. Parliamentary Association Committee may request relevant information regarding the implementation of this agreement from the Association Council, which then supply the Committee with the requested information. 2. the Parliamentary Committee shall be informed of the Association the Association Council decisions and recommendations. 3. the Association Parliamentary Committee may make recommendations to the Association Council. 4. the Association Parliamentary Committee may create subcommittees of the Parliamentary Association. 469. Article 1 the parties further promote regular meetings of representatives of civil society, to inform them and collect their contributions for the implementation of this agreement. 2. There is hereby established a civil society platform. It consists of the European economic and Social Committee representatives, on the one hand, and representatives of civil society of Ukraine, on the other hand, as a forum in which to meet and exchange views. The civil society platform determines the frequency of the meetings. 3. The civil society platform shall adopt its rules of procedure. 4. The civil society platform respectively headed by alternating European economic and Social Committee and the civil society of Ukraine in accordance with the rules laid down in the rules of procedure of the platform. 470. Article 1. platform of civil society informed the Association Council decisions and recommendations. 2. The civil society platform may make recommendations to the Association Council. 3. the Association Council and the Parliamentary Association Council maintains regular contacts with the civil society representatives of the platform to get their views, how to achieve the objectives of this agreement. Chapter 2 General and final provisions article 471 of the Court and the availability of the administrative authorities each party within the scope of the agreement undertakes to ensure that natural and legal persons of the other party without discrimination in relation to its own nationals to the competent courts are available and the administrative authorities to defend their individual rights and their property rights. 472. Article measures concerning essential security interests nothing in this 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)) relating to arms, munitions or war materials or for the production or marketing of 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 comply with the obligations it has accepted peace and international security for the purpose of conservation. 473. Article 1 prohibition of discrimination in the fields covered by this agreement and without prejudice to any special provisions contained therein: (a) the measures taken by Ukraine) applied to the Union or its Member States, there is no reason for any discrimination between the Member States, their nationals, companies or firms; (b) the measures taken by the Union) or its Member States, there is no reason for Ukraine to any discrimination between Ukrainian nationals, companies or firms. 2. paragraph 1 of this article shall not affect the right of parties to apply the relevant provisions of the tax law, taxpayers that the situation is different in their place of residence. 474. Article Progressive regulatory approximation to this agreement in accordance with the objectives set out in article 1, Ukraine will perform a gradual approximation of the EU law, as referred to in annex I to this agreement, on the basis of the XLIV obligations laid down in this agreement in sections IV, V and VI, and in accordance with the provisions of that annex. This provision is without prejudice to the specific principles and responsibilities for regulatory approximation in accordance with title IV of the agreement (trade and trade-related issues). 475. Article 1 of the Monitoring Monitoring involves proactive measures for the implementation of this agreement and progress assessment. 2. monitoring shall include an assessment of Ukraine's law approximation to EU legislation, as defined in this agreement, including implementation and enforcement aspects. This evaluation can be carried out individually or jointly by both parties to the agreement. In order to facilitate the evaluation of the EU on Ukraine reported progress of convergence where appropriate, before the end of the transitional period laid down in the agreement in relation to EU legislation. Reporting and evaluation, including evaluation procedures and frequencies, will take into account the specific arrangements provided for in this agreement or in accordance with this contract established in the decisions of the institutions. 3. monitoring may include on-site visits, participation in EU institutions, bodies and agencies, non-governmental organizations, monitoring bodies, independent experts and other persons as necessary. 4. The results of monitoring, including eachother assessment, as defined in paragraph 2 of this article, discusses all the relevant bodies established in accordance with this agreement. Such structures may be adopted unanimously by the joint recommendations submitted by the Association Council. 5. If the parties agree that the measures referred to in title IV of the agreement (trade and trade-related matters) are implemented and executed by the Association Council in accordance with the powers conferred on it by article 463 of the agreement, agrees to further market opening, as defined in title IV of the agreement (trade and trade-related issues). 6. section IV of the agreement (trade and trade-related matters) a defined procedure for the settlement of disputes shall not apply to the common recommendation referred to in paragraph 4 of this article and submitted to the Council of Association, nor the recommendation of not following. Section IV of the agreement (trade and trade-related matters) a defined dispute resolution procedure shall not apply to the decision taken by the authority concerned, nor the question of non-acceptance of the decision. 476. Article 1 obligations. the Parties shall take any general or specific measures required to fulfil their obligations under this agreement. They shall ensure that the objectives of this agreement are attained. 2. the parties agree through appropriate channels to immediately consult on all questions relating to the interpretation of this agreement, the implementation or application of this agreement in good faith and other aspects of the relationship of the parties, at the request of either party. 3. Each Party shall refer to the Association Council any dispute relating to the interpretation of this agreement, or the application of the implementation in good faith, in accordance with Article 477 of the agreement. The Association Council may settle the dispute by binding decision. 477. Article dispute resolution 1. If a dispute arises between the parties concerning the interpretation of this agreement, or the application of the implementation in good faith, any party shall transmit to the other party and the Council of the Association of official requests to resolve the dispute in question. Indent-dispute concerning title IV of the agreement (trade and trade-related issues) interpretation, implementation or its application in good faith only applies to title IV of the agreement (trade and trade-related matters), chapter 14 (settlement of disputes). 2. the Parties shall endeavour to resolve the dispute, from the good will the consultations within the Association Council and other relevant bodies, referred to in this agreement, 465 and 466 461..., the purpose of the article as soon as possible to achieve a mutually acceptable solution. 3. the Parties shall provide the Association Council and other relevant bodies with all information necessary for in-depth examination of the situation. 4. While the dispute is resolved, the discussions at each meeting of the Association Council. The dispute is considered resolved when the Association Council adopted a binding decision on the matter, as provided for in this agreement, art. 476, or if it stated that the dispute is terminated. Consultations on the dispute can occur in any Committee of the Association or other appropriate unit referred to in this agreement, 465 and 466 461. in article meeting in accordance with the agreement of the parties, or at the request of either party. Consultation may also take place in writing. 5. any information that is disclosed during the consultation process, maintain privacy. 478. Article appropriate measures in case of default 1. a party may take appropriate measures if the matter is not resolved within three months from the official submission of the request for dispute settlement under this agreement, if the applicant Article 477 party continues to believe that the other party still has failed to fulfil an obligation under this agreement. The requirement for a three-month consultation period does not apply in the exceptional cases provided for in paragraph 3 of this article. 2. choosing appropriate measures, priority must be given to those which least disturb the functioning of this agreement. The exception in paragraph 3 of this article, in the cases described, such measures may not contain, in accordance with the provisions of this agreement, provided for in title IV of the agreement (trade and trade-related questions) or the suspension. These measures shall be notified immediately to the Association Council and shall be the subject of consultations in accordance with article 2 of the agreement, 476, and they apply to the dispute settlement procedure under this agreement, art. 476 and 477. article. 3. paragraphs 1 and 2 above exceptions apply to: (a)), denunciation of the agreement not sanctioned by international law from general rules, terms, or (b) of the agreement) referred to in article 2 of this agreement, the essential elements of the infringement made by the other party. 479. Article relationship to other agreements 1. partnership and cooperation agreement between the European communities and their Member States, of the one part, and Ukraine, of the other part, signed in Luxembourg on 14 June 1994 and which entered into force on 1 March 1998, as well as the protocols thereto are hereby repealed. 2. this Association Agreement replaces the above agreement. References to the above agreement in all other agreements between the parties understood as referring to this agreement. 3. While under this agreement is not achieved, the equivalent rights for individuals and economic operators, this agreement does not affect the rights that they supported existing agreements binding one or more Member States, of the one part, and Ukraine, of the other part. 4. Existing agreements relating to specific areas of cooperation, which fall within the scope of this agreement, consider the overall bilateral relations governed by this agreement, and on the part of the common institutional structures. 5. the parties may supplement this agreement, concluding special agreements which fall within its scope. Such specific agreements are general bilateral relations governed by this agreement, an integral part of the common and institutional structures. 6. Without prejudice to the relevant provisions of the Treaty on European Union and to the Treaty on the functioning of the European Union, this agreement and any action taken pursuant to it are not in any way affect the powers of the Member States involved in bilateral cooperation activities with Ukraine or where appropriate to conclude new cooperation agreements with the Ukraine. 480. Article the annexes and protocols to the annexes and protocols to this Agreement shall form an integral part thereof. 481. Article 1 of the agreement. This agreement is concluded for an indefinite period. The parties five years after the entry into force of this agreement, and at any other time, if the two parties so agree, the comprehensive review of the attainment of the objectives of this agreement. 2. Either party may denounce this agreement by notifying the other party. This agreement shall cease to apply six months after the date of receipt of such notification. Article 482 of the parties in this agreement ' States parties ' means the Union or its Member States or the Union and its Member States, in accordance with their respective powers, which derive from the Treaty on the functioning of the European Union, of the one part, and Ukraine, of the other part. In appropriate cases, it refers to the Euratom under the Euratom Treaty mandate. 483. Article territorial application this Agreement shall apply, on the one hand, to the territories in which the Treaty on European Union (TEU), the Treaty on the functioning of the European Union (TFEU) and the Treaty establishing the European Atomic Energy Community according to the conditions set out in the treaties and, on the other hand, to the territory of Ukraine. Article 484 of the depositary Agreement this agreement, the depositary is the Secretary-General of the Council of the European Union. 485. Article authentic texts this agreement is drawn up in English, Bulgarian, Czech, Danish, French, Greek, Croatian, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Ukrainian languages, each of these texts being equally authentic. 486. Article entry into force and provisional application 1. the Parties shall ratify or approve this agreement in accordance with their respective procedures. Instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Union. 2. This agreement shall enter into force on the first day of the second month following the deposit of the last instrument of ratification or approval of the following day. 3. Notwithstanding paragraph 2, the Union and Ukraine agree to provisionally apply this agreement partially, as the Union, as defined in paragraph 4 of this article and in accordance with the relevant internal procedures and applicable law. 4. Provisional application shall enter into force on the first day of the second month following the date on which the depositary receives the notification of the Union:-the completion of the procedures necessary for this purpose, indicating the part of the agreement, which will apply provisionally; and – Ukraine deposits an instrument of ratification instruments in accordance with its procedures and applicable law. 5. the relevant provisions of this agreement, including its annexes and protocols, the reference to "the date of entry into force of the agreement" in accordance with paragraph 3 of this article shall be understood as a reference to "the date on which this Agreement shall be applied on a provisional basis." 6. Provisional application, in so far as the period of provisional application of this Agreement shall not apply to the provisions in the partnership and cooperation agreement between the European communities and their Member States, of the the one part, and Ukraine, of the other part, signed in Luxembourg on 14 June 1994 and which entered into force on 1 March 1998, they continue to be applicable. 7. Each Party may submit written notification to the depositary of its intention to terminate provisional application of this agreement. Termination of provisional application shall enter into force six months after the depositary has received the notification. List of annexes ANNEX a of title IV Chapter 1 of part A of annex I, the abolition of customs duties total indicative Appendix A tariff rate quota on imports of EU indicative Appendix B a common tariff rate quota on imports of Ukraine Chapter 1 of part B of annex I of the supplementary conditions for trade in worn clothing Chapter 1 of part C of annex I of the export tax relief schedule of Chapter 1 in annex I (D) the preventive measures in respect of export taxes Chapter 2 of annex II, protective measures for cars 3. Chapter III of the Adjustable a list of the legislation and the timetable for implementing chapter 4 Annex IV, the scope of Chapter 4 of part A of annex IV to the sanitary and phytosanitary measures Chapter 4 of part B of annex IV animal welfare standards in Chapter 4 of part C of annex IV other measures Chapter 4 of part D of annex IV measures, which include the following approximation Chapter 4 of annex V to the comprehensive strategy for the implementation of this chapter, Chapter 4, annex VI list of the animal and aquaculture diseases to be reported, and to regulate harmful organisms, can be recognised as a region free of Chapter 4 of part A of annex VI to the notifiable diseases in animals and fish, for which it is recognised, the status of certain Parties and regionalisation decisions may be adopted Chapter 4 of part B of annex VI of the harmful organism, from the harmful organisms in the free territory and recognition of protected zones in annex VII, Chapter 4 of the regionalisation/zoning , free from the harmful organisms protected zones and Chapter 4 of annex VIII to the provisional approval Company Chapter 4 of annex IX to the procedure for the determination of equivalence 4. Annex X of Chapter tests guidelines in annex XI, Chapter 4 of the Import inspection and inspection fee Chapter 4 Annex XII, Chapter 4 certification annex XIII open questions Chapter 4 Annex XIV of separation Chapter 5 Annex XV of the customs laws of Chapter 6 of annex XVI a reservation in respect of the business; Concerning cross-border provision of services; Reservations to līgumpakalpojum providers and independent professionals Chapter 6 part A of annex XVI to the EU excuse concerning the establishment of Chapter 6, part B of the annex XVI concerning cross-border provision of Chapter 6 of annex XVI a reservation in respect of līgumpakalpojum providers and independent professionals Chapter 6 of annex XVI a reservation in respect of Ukraine establishment 6. Chapter XVI of part E of Ukraine's obligations with respect to the cross-border provision of Chapter 6 of annex XVI (F) reservations for līgumpakalpojum providers and independent professionals (Ukraine) Annex XVII approximation Appendix XVII of part 1 Horizontal adjustments and procedure Appendix XVII, part 2: provisions relating to financial services Appendix XVII, part 3 rules applicable to telecommunications service Appendix XVII, part 4: rules relating to postal and courier services Appendix XVII part 5 rules for international maritime transport services Appendix XVII, part 6: provisions on the monitoring of Chapter 6 of annex XVIII of the information centres in Chapter 6, annex XIX, the EU indicative list the relevant product and service markets that are to be analyzed in accordance with article 116 of the agreement chapter 6 Annex XX of the indicative list of Ukraine with markets that are to be analyzed in accordance with article 116 of the agreement chapter 8 Annex XXI of the procurement Chapter 8 of part A of Annex XXI institutional reform, approximation of legislation and market access indicative schedule of Chapter 8 of part B of annex XX to the basic elements of Directive 2004/18/EC (step 2) Chapter 8 of part C of Annex XXI to the basic elements of Directive 89/665/EEC , as amended by Directive 2007/66/EC (step 2) Chapter 8 Annex XXI of part D are essential elements of the Directive 2004/17/EC parent (step 3) Chapter 8 Annex XXI of the essential elements of the Directive 92/13/EEC, as amended by Directive 2007/66/EC (step 3) of Chapter 8 (F) of Annex XXI to the other optional elements of Directive 2004/18/EC (4th stage) Chapter 8 Annex XX G other mandatory elements of Directive 2004/18/EC (stage 4) of Chapter 8 (H) of Annex XXI to the other part elements of Directive 89/665/EEC, as amended by Directive 2007/66/EC (4th stage) Chapter 8 of part I of Annex XXI other optional elements of Directive 2004/17/EC (5th stage) Chapter 8 Annex XXI of part J of the other elements of Directive 92/13/EEC, as amended by Directive 2007/66/EC (5th stage) Chapter 8 K of Annex XXI of Directive 2004/18/EC. outside the approximation process of Chapter 8 Annex XXI, part L of the Directive 2004/17/EC, which is outside the approximation process chapter 8 Annex XXI of part M Regulations in Directive 89/665/EEC, as amended by Directive 2007/66/EC, which is outside the approximation process in Chapter 8 of Annex XXI N part of the provisions of Directive 99/13/EEC as amended by Directive 2007/66/EC, which is outside the approximation process in Chapter 8 of Annex XXI O part indicative list with questions, which is progressing cooperation 8. Chapter XX of annex P part 9 of chapter XXI Threshold in part A of the annex to the geographical indications – the parties ' laws and registration and control elements 9. Chapter XXI of part B of the annex to the geographical indication to be included in the opposition procedure, the criteria in chapter XXI of Annex 9, part C of the agricultural products and foodstuffs referred to in article 3 of the agreement, paragraph 202, geographical indications 9. Chapter XXII of Annex D wine, aromatised wines and spirits, the geographical indication as referred to in article 202 of the agreement and in paragraph 4 of Chapter 10 Annex XXIII glossary Annex XXIV of Chapter 14 of the rules of procedure for the settlement of disputes Chapter XXV of annex 15 arbitrators and mediators code of conduct annex to title V, Chapter 1, annex XXVI energy , including the nuclear issue area Chapter 1 Annex XXVII of energy, including nuclear cooperation chapter 4 annex XXVIII tax policy chapter 5 Annex XXIX of the statistics chapter 6 XXX annex environment Chapter 6 annex XXXI of the environment chapter XXXII of annex 7 Transport 7. Chapter XXXIII annex 13, chapter XXXIV Transport Annex company law, corporate governance, accounting and auditing-chapter 13 Annex XXXV company law, corporate governance , accounting and audit 13. Annex XXXVI of chapter company law, corporate governance, accounting and auditing-chapter 15 Annex XXXVI to audiovisual policy, chapter XXXVIII Annex 17. Agriculture and rural development, Chapter 20, annex XXXIX consumer protection chapter 21 of Annex XL cooperation in employment, social policy and equal opportunities 22. Chapter XLI annex public health 23. Chapter XLII annex education, training and youth section VI annexes section VI of annex XLII financial cooperation and fraud prevention section VI annexes XLIV cooperation in the financial sector and the provisions on fraud prevention protocols, Protocol I Protocol concerning the concept of ' originating products ' and methods of administrative cooperation Protocol II Protocol on mutual administrative assistance in customs matters Protocol III Of the framework agreement between the European Union and Ukraine on the General principles for the participation of Ukraine in the EU Joint Declaration 1 unless the annex I and annex II of this agreement in otherwise. 2 items in this agreement have the meaning of GATT 1994 products, unless otherwise provided in this agreement. 3 this article defines the status of developing countries take into account the lists issued by international organisations such as the World Bank, the Organisation for economic co-operation and development (hereinafter referred to as OECD) or the International Monetary Fund (IMF), etc. 4 according to the definition, please set out in Protocol I of the agreement on the concept of "originating products" and methods of administrative cooperation. 5 How to demonstrate Ukraine's import statistics for the EU side originating passenger cars (units) with the number of tariff headings 8703. Ukraine Foundation, doing these statistics available to the movement certificate EUR 1 or the invoice declaration, issued in accordance with the procedure laid down in article I of the Protocol concerning the concept of ' originating products ' and methods of administrative cooperation title V. 6 How to demonstrate Ukraine's import statistics for the EU side originating passenger cars (units) with the number of tariff headings 8703. Ukraine Foundation, doing these statistics available certificates EUR 1 or the invoice declaration, issued in accordance with the procedure laid down in article I of the Protocol concerning the concept of ' originating products ' and methods of administrative cooperation title V. 7 in the official statistics for the whole car "first registration" in the Ukraine, provided the Ukrainian State car inspection. 8 in particular, the European Parliament and Council decision No 768/2008 of 9 July 2008 on a common framework for the marketing of products and repealing Council decision 93/465/EEC and European Parliament and Council Regulation (EC) no 765/2008 of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93.9 on genetically modified organisms (hereinafter GMOs) comprehensive strategy also includes graphics as GM of Ukraine the law brings EU legislation, referred to in Chapter 6 of title V (economic and sectoral cooperation) in annex XXIX. 10 The one that some individuals need a visa, but people in other countries do not need a visa, can not be regarded as benefits of the agreement for the elimination or reduction. 11 legal entity controlled by another legal person, if this entity has the power to appoint a majority of directors or otherwise legally control their activities. 12 for the host company may impose an obligation for prior approval to submit a training programme, which covered the time of stay and that the purpose of stay is training. The competent authorities may require that training be linked to obtain academic degree. 13 the contract for provision of services to meet the party's laws, rules and regulations, in which the performance of the contracts. 14 contract for provision of services to meet the party's laws, rules and regulations, in which the performance of the contracts. 15 this chapter shall not apply to measures for the protection of investments, which are different from article 88 (public mode) mode, including the procedures for the settlement of disputes between investors and the State. 16 more certainty – the nuclear processing includes all the transactions that are included in ISIC REV 3.1, United Nations 2002, code 2330.17 without prejudice to the level of the measures can be considered as "cabotage" under national law, domestic cabotage pursuant to this chapter shall include the carriage of passengers or goods between a Ukrainian or a port of a Member State of the European Union or point and another port or point in Ukraine or in a Member State of the European Union including its continental shelf as provided for under the United Nations Convention on the law of the sea, and the services that begin and end at the same port or point of Ukraine or in a Member State of the European Union. 18 conditions for mutual market access in air transport laid down in an agreement between the European Union and its Member States and Ukraine common aviation area. 19. this obligation does not apply to the investment protection provisions in other agreements and not covered by this chapter, including the provisions on dispute settlement procedures between investors and the State. 20 this obligation does not apply to the investment protection provisions not covered by this chapter, including the provisions on dispute settlement procedures between investors and the State provided for in other agreements. It includes 21 of this chapter and in annex XV, part A and D. 22 the exclusion of audiovisual services from the scope of this chapter shall not affect the cooperation in the field of audiovisual services in accordance with section V of the agreement on economic and sectoral cooperation. 23 without prejudice to the level of the measures can be considered as "cabotage" under national law, domestic cabotage pursuant to this chapter shall include the carriage of passengers or goods between a Ukrainian or a port of a Member State of the European Union or point and another port or point in Ukraine or in a Member State of the European Union, including its continental shelf as provided for under the United Nations Convention on the law of the sea, and the services that begin and end at the same port or point located in Ukraine or in any Member State of the European Union. 24 conditions for mutual market access in air transport laid down in an agreement between the European Union and its Member States and Ukraine common aviation area. 25 shall continue to apply to all other parties ' laws and regulations requirements for entry, residence, work and social security measures, including provisions relating to the length of stay, minimum wages as well as collective wage agreements. Concerning the movement of persons does not apply in cases where such movement is designed to interfere with or otherwise affect the employees and management of the dispute or the results of the negotiations. 26 obtained by adulthood. 27 if the degree or qualification is obtained, where services are provided, that party can assess whether it is consistent with the academic degree that is required in its territory. 28 if the degree or qualification is obtained, where services are provided, that party can assess whether it is consistent with the academic degree that is required in its territory. 29 the licence fee does not include the fee for the use of natural resources, auction fees, fees for the organisation of a competition or other non-discriminatory methods of granting concessions, or minimum payments for the provision of universal service. 30 EU party-specific product and services markets the indicative list is presented separately as annex XIX. The EU regularly report in annex XIX to the relevant market. This review will take into account, in respect of all obligations based on this chapter. Ukraine-market of products and services the indicative list is submitted separately as annex XX. Ukraine regularly report included in annex XX to the list of relevant markets in accordance with the acquis approximation process provided for in article 124. This review will take into account, in respect of all obligations based on this chapter. 31 licence fees do not include fees for auction, tender or other non-discriminatory methods of granting of concessions or minimum payments on universal service provision. 32 in accordance with the applicable rules on the processing of personal data and the protection of privacy in the electronic communications sector. 33 port ancillary services include maritime cargo handling services, storage and warehousing services, customs clearance services, deployment and placement services, maritime agency services (maritime) freight shipping services, rental of vessels with crew, maintenance and repair of ships, pushing and towing services and maritime support services. 34 measures aimed at ensuring equality, or the actual imposition of direct taxation or collection, were among the measures which the Party shall take, in accordance with its own tax system, which: (i)) refers to the investors and service providers who are not residents, acknowledging that the tax obligation of non-residents is determined with respect to taxable values that come from the territory or in the territory; or (ii)) apply to non-residents, in order to ensure the imposition or collection of taxes in the territory of the party; or III) apply to non-residents or residents in order to prevent tax avoidance or evasion, including compliance measures; or (iv)) apply to consumers of services supplied in the territory of the other party, or to ensure the imposition or collection of taxes on such consumers derived from the party's territory; or v) distinction between investors and service providers who are taxpayers on worldwide taxable units from other investors and service providers, recognizing their differences in the tax base; or vi) determine, allocate or broken down by resident or affiliate, or an associated person, or one person's affiliate income, profits, revenues, losses, deductions, or credits, in order to ensure the party's tax base. Tax terms or concepts (f) of this provision) and in this footnote is determined according to the tax definitions and concepts or equivalent or similar definitions and concepts under the party's domestic law, which lays down the measures. 35 Including the acquisition of immovable property in connection with direct investment. 36 Including serious balance of payments difficulties. 37-a narrow application of the plant protection product in the territory of the party concerned of the plants or plant products, which is not widely grown in that particular side or is widely grown to meet the needs of exceptional plant protection. 38 this section the concept of "intellectual property rights" should include at least the following rights: copyright, copyright-related rights, database sui generis right of the creator of the topographies of semiconductor products of the author's rights, the right to a trademark, the right to design, patent rights, including supplementary protection certificates acquired rights, geographical indications, utility model rights, plant variety rights, the rights to the trade names, in so far as national law requires these are protected as exclusive rights. 39 exemptions from liability provided for in this article shall apply only to cases where an information society service provider is limited to the activities of the technical process of operating and the provision of access to a communication network over which information third parties is transmitted or temporarily stored for the purpose of making the transmission more efficient only; These activities are only technical, automatic and passive, which implies that the information society service provider has neither knowledge of nor control over the information which is transmitted or stored. 40 must understand that there is no obligation to apply such procedures to imports of goods by the holder of the rights has placed on the market in another country or placed on the market in another country with his consent. 41 in this rule includes all European interests in the common interest of the parties. 42 the concept of ' general economic interest "used in the same sense as the Treaty on the functioning of the European Union in article 106, and in particular the EU side of the case. 43 in this article with the word "party" shall mean the Member State, referring to its territory, or the "Ukraine", referring to its territory. 44 so there could be no doubt-this section shall not be construed as granting any rights or obligations that may be directly invoked in domestic courts of the parties. 45 to avoid any doubts, this chapter shall not apply to this agreement, or a decision by the authorities of a possible lack of action.     Title IV, Chapter 1 of part A of annex I in WORD format of section IV of Chapter 1 of part A of annex I, the follow-up in WORD format of section IV of Chapter 1 of part A of annex I, the follow-up in WORD format of section IV of Chapter 1 of part A of annex I, the follow-up in WORD format of section IV of Chapter 1 of part A of annex I, the follow-up in WORD format of section IV of Chapter 1 of part A of annex I , the sequel to WORD format of section IV of Chapter 1 of part A of annex I, the follow-up in WORD format of section IV of Chapter 1 of part A of annex I, the follow-up in WORD format of section IV of Chapter 1 of part A of annex I, the follow-up in WORD format of section IV of Chapter 1 of part A of annex I, the follow-up in WORD format of section IV of Chapter 1 of part A of annex I, the follow-up in WORD format of section IV of Chapter 1 of part A of annex I , the sequel to WORD format of section IV of Chapter 1 of part A of annex I, the follow-up in WORD format of section IV of Chapter 1 of part A of annex I, the follow-up in WORD format of section IV of Chapter 1 of part A of annex I, the follow-up in WORD format of section IV of Chapter 1 of part A of annex I, the follow-up in WORD format of section IV of Chapter 1 of part A of annex I, the follow-up in WORD format of section IV of Chapter 1 of part A of annex I , the sequel to WORD format of section IV of Chapter 1 of part A of annex I, the follow-up in WORD format of section IV of Chapter 1 of part A of annex I, the follow-up in WORD format of section IV of Chapter 1 of part A of annex I, the follow-up in WORD format of section IV of Chapter 1 of part A of annex I A, Appendix B, (B), (C), (D) part IV section in WORD format in annex II, Chapter 2, Chapter 3, annex III 4. in annex IV, section A, B, C, D, V, annex XIV, Chapter 5, annex XV of the WORD Chapter 6 of title IV of annex XVI A, B, C, D, E, F in WORD format chapter 6 of title IV of annex XVII, annex XVII Appendix 1-6, part XVII – XX WORD format of Chapter 8 of title IV of Annex XXI A-P part IV section of the WORD Chapter 9 Annex A – XXII of part C of title IV of the WORD Chapter XXII of Annex 9 D Word format of Chapter 9 of title IV of Annex XXII, the follow-up in WORD format chapter 10 of title IV of Annex XXIII, chapter XXIV of annex 14, chapter 15 in WORD format in Annex XXV, title V, Chapter 1, annex XXVII XXVI, Chapter 4 annex XXVIII, XXIX, annex, Chapter 5, Chapter 6, annex XXXI, XXX, XXXII, Chapter 7, annex XXXIII in WORD format, title V, chapter XXXIV-13 Annex XXXVI 15. Chapter 17 of annex XXXVI, XXXVIII annex of Chapter 20 Chapter XXXIX, annex, chapter 21, 22 of Annex XL, Chapter XLI, XLII, chapter 23, section VI annexes annex XLII, XLIV attachment in WORD format Protocol I, Protocol I – IV, I of the Joint Declaration in the WORD format Protocol II, protocols III, the Joint Declaration in the final act of the WORD after the Summit between the European Union and its Member States On the one hand, and Ukraine, of the other part, with regard to the association agreement in Brussels 21 March 2014 in the Summit between the European Union and its Member States, of the one part, and Ukraine, of the other part. Representatives of the Kingdom of Belgium, Republic of BULGARIA, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of AUSTRIA, the Republic of Poland, the Portuguese Republic, Romania, the Republic of SLOVENIA, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, the European Union on the one hand, and Ukraine, of the other part, taking part in the Summit (the "undersigned"), have signed such a political text of the provisions set out in the annex attached to the association agreement between the European Community and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (hereinafter referred to as "the agreement"): 1. Preamble article 1 2, 3. (I), (II) and section VII the signatories confirm their commitment to sign and conclude the agreement III , IV, V and VI, which along with the rest of the Agreement constitute a single instrument. For this purpose the signatories will consult among themselves, through the diplomatic channel, to determine the appropriate date on which to organize a meeting of the signatories, or perform any other action necessary for this purpose. The signatories agree that paragraph 4 of article 486 of the provisional application of the agreement is applicable to the relevant parts of the agreement, subject to this final act. Brussels, 21 March 2014.     The final LEGISLATION between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, with regard to the Association Agreement, which represents the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of LATVIA, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Malta, the Republic of HUNGARY, the , The Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, the European Union, the European Atomic Energy Community, of the one part, and Ukraine, of the other part, (hereinafter referred to as "Subscribers"), gathered in Brussels, the two thousand fourteen twenty-seventh day of June, to sign those parts of the association agreement between the European Community and the European Atomic Energy Community and their Member States on the one hand, and Ukraine, of the other part (hereinafter referred to as "the agreement"), which was signed March 21 2014, recalls that in Brussels 21 March 2014 in the Summit they have signed such agreements in political terms: 1. Preamble article 1 2, 3. (I), (II) and section VII signatories have signed the following provisions of the agreement:-III, IV, V and VI, as well as the related annexes and protocols and confirms that the Agreement constitute a single act. The signatories agree that the agreement point 4 of article 486 of the provisional application of the agreement concerned is applicable, subject to this final act. The signatories agree that the agreement shall apply to the whole territory of Ukraine, as recognized in international law, and engage in consultations to determine the impact of the agreement illegal in Autonomous Republic of Crimea, aneksēt and the city of Sevastopol in the territory that the Ukrainian Government is now effectively controlled. In Brussels, the two thousand fourteen twenty-seventh day of June.