to promote gradual rapprochement between the Parties based on common values and close and privileged links, and increasing Ukraine's association with EU policies and participation in programmes and agencies;

to provide an appropriate framework for enhanced political dialogue in all areas of mutual interest;

to promote, preserve and strengthen peace and stability in the regional and international dimensions in accordance with the principles of the United Nations Charter, and of the Helsinki Final Act of 1975 of the Conference on Security and Cooperation in Europe and the objectives of the Charter of Paris for a New Europe of 1990;

to establish conditions for enhanced economic and trade relations leading towards Ukraine's gradual integration in the EU Internal Market, including by setting up a Deep and Comprehensive Free Trade Area as stipulated in Title IV (Trade and Trade-related Matters) of this Agreement, and to support Ukrainian efforts to complete the transition into a functioning market economy by means of, inter alia, the progressive approximation of its legislation to that of the Union;

to enhance cooperation in the field of Justice, Freedom and Security with the aim of reinforcing the rule of law and respect for human rights and fundamental freedoms;

to establish conditions for increasingly close cooperation in other areas of mutual interest.

to deepen political association and increase political and security policy convergence and effectiveness;

to promote international stability and security based on effective multilateralism;

to strengthen cooperation and dialogue between the Parties on international security and crisis management, particularly in order to address global and regional challenges and key threats;

to foster result-oriented and practical cooperation between the Parties for achieving peace, security and stability on the European continent;

to strengthen respect for democratic principles, the rule of law and good governance, human rights and fundamental freedoms, including the rights of persons belonging to national minorities, non-discrimination of persons belonging to minorities and respect for diversity, and to contribute to consolidating domestic political reforms;

to develop dialogue and to deepen cooperation between the Parties in the field of security and defence;

to promote the principles of independence, sovereignty, territorial integrity and the inviolability of borders.

regular meetings at Political Directors, 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 on the other;

taking full and timely advantage of all diplomatic and military channels between the Parties, including appropriate contacts in third countries and within the United Nations, the OSCE and other international fora;

regular meetings both at the level of high officials and of experts of the military institutions of the Parties;

any other means, including expert-level meetings, which would contribute to improving and consolidating this dialogue.

taking steps to sign, ratify or accede to, as appropriate, and fully implement all other relevant international instruments;

further improving the system of national export controls, in order to control effectively the export as well as transit of goods related to weapons of mass destruction, including an end-use control on dual use technologies and goods, as well as effective sanctions for violations of export controls.

tackling the root causes of migration, pursuing actively the possibilities of cooperation in this field with third countries and in international fora;

establishing together an effective and preventive policy against illegal migration, smuggling of migrants and trafficking in human beings including how to combat networks of smugglers and traffickers and how to protect the victims of such trafficking;

establishing a comprehensive dialogue on asylum issues and in particular on matters relating to the practical implementation of the UN Convention of 1951 relating to the Status of Refugees and the Protocol relating to the Status of Refugees of 1967 and other relevant international instruments, as well as ensuring the respect of the principle of 'non-refoulement';

admission rules, the rights and status of persons admitted, and the fair treatment and integration of lawfully-residing non-nationals;

further developing operational measures in the field of border management;

enhancing document security;

developing an effective return policy, including in its regional dimension; and

exchanging views on the informal employment of migrants.

the existing facilities of access to employment for Ukrainian workers accorded by Member States under bilateral agreements should be preserved and, if possible, improved;

other Member States shall examine the possibility of concluding similar agreements.

the Agreement between the European Community and Ukraine on the Readmission of Persons of 18 June 2007, (through the joint readmission committee set up by its Article 15);

the Agreement between the European Community and Ukraine on the Facilitation of the Issuance of Visas of 18 June 2007, (through the joint committee for management of the agreement set up by its Article 12).

smuggling of, and trafficking in, human beings as well as firearms and illicit drugs;

trafficking in goods;

economic crimes including in the field of taxation;

corruption, both in the private and public sector;

forgery of documents;

cybercrime.

the exchange of best practice, including on investigation techniques and crime research;

the exchange of information in line with applicable rules;

capacity-building, including training and, where appropriate, the exchange of staff;

issues relating to the protection of witnesses and victims.

information on terrorist groups and their support networks;

experience and information on terrorism trends and on the means and methods of combating terrorism, including in technical areas, and training, and

experience in respect of terrorism prevention.

a repeated failure to respect the obligations to verify the originating status of the product(s) concerned;

a repeated refusal or undue delay in carrying out and/or communicating the results of subsequent verification of the proof of origin;

a repeated refusal or undue delay in obtaining authorisation to conduct administrative cooperation missions to verify the authenticity of documents or accuracy of information relevant to the granting of the preferential treatment in question.

The Party which has, on the basis of objective information, made a finding of failure to provide administrative cooperation and/or of irregularities or fraud stemming from the other Party shall, without undue delay, notify the Trade Committee of its finding together with the objective information and enter into consultations within the Trade Committee, on the basis of all relevant information and objective findings, with a view to reaching a solution which is acceptable to both Parties. During the period of consultations referred to above, the product(s) concerned shall enjoy the preferential treatment.

Where the Parties have entered into consultations within the Trade Committee as referred to in point (a) and have failed to agree on an acceptable solution within three months of the first meeting of the Trade Committee, the Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned. Such temporary suspension shall be notified to the Trade Committee without undue delay.

Temporary suspensions under this Article shall be limited to what is necessary to protect the financial interests of the Party concerned. Each temporary suspension shall not exceed six months. However, a temporary suspension may be renewed. Temporary suspensions shall be notified immediately after their adoption to the Trade Committee. They shall be subject to periodic consultations within the Trade Committee, in particular with a view to their termination as soon as the conditions for their application cease to exist.

if, as a result of the reduction or elimination of a customs duty under this Agreement, the product is being imported into the territory of Ukraine in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause serious injury to a domestic industry producing a like product;

if the aggregate volume (in units) ( 5 ) of imports of the product in any year exceeds the trigger level set out in its Schedule included in Annex II to this Agreement; and

if the aggregate volume of imports of the product into Ukraine (in units) ( 6 ) for the last 12-month period ending not earlier than the penultimate month before Ukraine invites the EU Party for consultations in line with paragraph 5 of this Article exceeds the trigger percentage set out in the Schedule of Ukraine in Annex II of all new registrations ( 7 ) of passenger cars in Ukraine for the same period.

enhancing a Party's knowledge and understanding of the other Party's trade remedy laws, policies and practices;

examining the implementation of this Chapter;

improving cooperation between the Parties' authorities having responsibility for trade remedies matters;

discussing international developments in the area of trade defence;

cooperating on any other trade remedies matter.

reinforcing regulatory cooperation through the exchange of information, experience and data; scientific and technical cooperation, with a view to improving the quality of their technical regulations, standards, testing, market surveillance, certification, and accreditation, and making efficient use of regulatory resources;

promoting and encouraging cooperation between their respective organisations, public or private, responsible for metrology, standardisation, testing, market surveillance, certification and accreditation;

fostering the development of the quality infrastructure for standardisation, metrology, accreditation, conformity assessment and the market surveillance system in Ukraine;

promoting Ukrainian participation in the work of related European organisations;

seeking solutions to trade barriers that may arise;

coordinating their positions in international trade and regulatory organisations such as the WTO and the United Nations Economic Commission for Europe (hereinafter referred to as "UN-ECE").

incorporate the relevant EU acquis into its legislation;

make the administrative and institutional reforms that are necessary to implement this Agreement and the Agreement on Conformity Assessment and Acceptance of Industrial Products (hereinafter referred to as the "ACAA") referred to in Article 57 of this Agreement; and

provide the effective and transparent administrative system required for the implementation of this Chapter.

they will endeavour to minimise their requirements for marking or labelling, except as required for the adoption of the EU acquis in this area and for marking and labelling for the protection of health, safety, or the environment, or for other reasonable public policy purposes;

a Party may determine the form of labelling or marking, but shall not require the approval, registration or certification of labels; and

the Parties retain the right to require the information on a label or marks to be in a specific language.

ensuring full transparency as regards sanitary and phytosanitary measures applicable to trade;

approximating Ukraine's laws to those of the EU;

recognising the animal and plant health status of the Parties and applying the principle of regionalisation;

establishing a mechanism for the recognition of equivalence of sanitary or phytosanitary measures maintained by a Party;

further implementing the principles of the SPS Agreement;

establishing mechanisms and procedures for trade facilitation; and

improving communication and cooperation between the Parties on sanitary and phytosanitary measures.

The importing Party shall recognise for trade purposes, the animal health status of the exporting Party or its regions as determined by the exporting Party in accordance with Annex VII Part A to this Agreement, with respect to animal diseases specified in Annex VI-A to this Agreement;

Where a Party considers that it has, for its territory or a region, a special status with respect to a specific animal disease, other than those listed in Annex VI-A to this Agreement, it may request recognition of this status in accordance with the criteria laid down in Annex VII Part C to this Agreement. The importing Party may request guarantees in respect of imports of live animals and animal products, which are appropriate to the agreed status of the Parties;

The status of the territories or regions, or the status in a sector or sub-sector of the Parties related to the prevalence or incidence of an animal disease other than listed in Annex VI-A to this Agreement, or infections in animals, and/or the associated risk, as appropriate, as defined by OIE, is recognised by the Parties as the basis for trade between them. The importing Party may request guarantees in respect of imports of live animals and animal products which are appropriate to the defined status in accordance with the recommendations of OIE, as appropriate.

Without prejudice to Articles 67, 69 and 73 of this Agreement, and unless the importing Party raises an explicit objection and requests supporting or additional information or consultations and/or verification, each Party shall take, without undue delay, the necessary legislative and administrative measures to allow trade on the basis of points (a), (b) and (c) of this paragraph.

The Parties recognise for trade purposes their pest status in respect of pests specified in Annex VI-B to this Agreement;

Without prejudice to Articles 67, 69 and 73 of this Agreement, and unless the importing Party raises an explicit objection and requests supporting or additional information or consultations and/or verification, each Party shall take, without undue delay, the necessary legislative and administrative measures to allow trade on the basis of point (a) of this paragraph.

As regards animal diseases, and in accordance with Article 67 of this Agreement, the exporting Party seeking recognition of its regionalisation decision by the importing Party shall notify its measures with full explanations and supporting data for its determinations and decisions. Without prejudice to Article 68 of this Agreement, and unless the importing Party raises an explicit objection and requests additional information or consultations and/or verification within 15 working days of receipt of the notification, the regionalisation decision so notified shall be deemed to be accepted;

The consultations referred to in point (a) of this paragraph shall take place in accordance with Article 68(3) of this Agreement. The importing Party shall assess the additional information within 15 working days of receipt of the additional information. The verification referred to in point (a) shall be carried out in accordance with Article 71 of this Agreement and within 25 working days of receipt of the request for verification.

As regards pests, each Party shall ensure that trade in plants, plant products and other objects takes account, as appropriate, of the pest status in an area recognised as a protected zone or as a PFA by the other Party. A Party seeking recognition of its PFA by the other Party shall notify its measures and, upon request, provide full explanation and supporting data for its establishment and maintenance, as guided by the relevant ISPMs as the Parties deem appropriate. Without prejudice to Article 73 of this Agreement, and unless a Party raises an explicit objection and requests additional information or consultations and/or verification within three months of the notification, the regionalisation decision for PFAs so notified shall be deemed to be accepted;

The consultations referred to in point (a) shall take place in accordance with Article 68(3) of this Agreement. The importing Party shall assess the additional information within three months of receipt of the additional information. The verification referred to in point (a) shall be carried out in accordance with Article 71 of this Agreement and within 12 months of receipt of the request for verification, taking into account the biology of the pest and the crop concerned.

an individual measure; or

a group of measures; or

a system applicable to a sector, sub-sector, commodities or group of commodities.

In accordance with Article 67(2) of this Agreement, the exporting Party shall inform the importing Party of any proposal for amendment of its measures for which equivalence of measures is recognised and the likely effect of the proposed measures on the equivalence which has been recognised. Within 30 working days of receipt of this information, the importing Party shall inform the exporting Party whether or not equivalence would continue to be recognised on the basis of the proposed measures;

In accordance with Article 67(2) of this Agreement, the importing Party shall inform the exporting Party of any proposal for amendment of its measures on which recognition of equivalence has been based and the likely effect of the proposed measures on the equivalence which has been recognised. Should the importing Party not continue to recognise equivalence, the Parties may agree on the conditions to re-initiate the process referred to in paragraph 3 of this Article on the basis of the proposed measures.

any measures affecting regionalisation decisions as referred to in Article 65 of this Agreement;

the presence or evolution of any animal disease listed in Annex VI-A or of the regulated pests on the list contained in Annex VI-B to this Agreement;

findings of epidemiological importance or important associated risks with respect to animal diseases and pests which are not listed in Annex VI-A and Annex VI-B to this Agreement or which are new animal diseases or pests; and

any additional measures going beyond the basic requirements applicable to the respective measures taken by the Parties to control or eradicate animal diseases or pests or to protect public or plant health and any changes in prophylactic policies, including vaccination policies.

Notifications shall be made in writing to the contact points referred to in Article 67(3) of this Agreement.

Notification in writing means notification by mail, fax or e-mail. Notifications shall only be sent between the contact points referred to in Article 67(3) of this Agreement.

For any commodity covered by Annex IV-A and Annex IV-C(2) to this Agreement, the Parties agree to apply general import conditions. Without prejudice to the decisions taken in accordance with Article 65 of this Agreement, the import conditions of the importing Party shall be applicable to the total territory of the exporting Party. Upon entry into force of this Agreement and in accordance with Article 67 of this Agreement, the importing Party shall inform the exporting Party of its sanitary and phytosanitary import requirements for commodities referred to in Annex IV-A and Annex IV-C(2) to this Agreement. This information shall include, as appropriate, the models for the official certificates or declarations or commercial documents, as prescribed by the importing Party.

Within 90 days of the adoption of a decision on recognition of equivalence, the Parties shall take the necessary legislative and administrative measures to implement the recognition of equivalence in order to allow on that basis trade between them of commodities referred to in Annex IV-A and Annex IV-C(2) to this Agreement in sectors and sub-sectors where applicable, for which all respective sanitary and phytosanitary measures of the exporting Party are recognised as equivalent by the importing Party. For these commodities, the model of the official certificate or official document required by the importing Party may, at that stage, be replaced by a certificate drawn up pursuant to Annex XII.B to this Agreement;

For commodities in sectors or sub-sectors, where applicable, for which some but not all measures are recognised as equivalent, trade shall continue on the basis of compliance with the conditions referred to in paragraph 1(a). Upon request by the exporting Party, paragraph 5 of this Article shall apply.

For the import of animal products referred to in Annex IV-A, Part 2 to this Agreement, upon a request by the exporting Party accompanied by appropriate guarantees, the importing Party shall provisionally approve processing establishments referred to in Annex VIII(2.1) to this Agreement which are situated in the territory of the exporting Party, without prior inspection of individual establishments. Such approval shall be consistent with the conditions and provisions set out in Annex VIII to this Agreement. Unless additional information is requested, the importing Party shall take the necessary legislative and/or administrative measures to allow import on that basis within 30 working days of receipt of the request and relevant guarantees by the importing Party.

The initial list of establishments shall be approved in accordance with the procedure set out in Annex VIII to this Agreement.

For the import of animal products referred to in paragraph 2(a), the exporting Party shall inform the importing Party of its list of establishments meeting the importing Party's requirements.

to verify, in accordance with the guidelines of Annex X to this Agreement, all or part of the total control programme of the other Party's authorities or other measures where applicable. The expenses of such verification shall be borne by the Party carrying out the verification;

from a date to be determined by the Parties, to receive, at its request from the other Party, information about all or part of that Party's total control programmes and reports concerning the results of the controls carried out under that programme;

for laboratory tests relating to the commodities of Annex IV-A and Annex IV-C(2) to this Agreement, upon request, and where applicable, to participate in the periodical inter-comparative test programme for specific tests organised by the reference laboratory of the other Party. The expenses of such participation shall be borne by the participating Party.

to monitor the implementation of this Chapter and consider any matter relating to this Chapter, and examine all matters which may arise in relation to its implementation;

to review the Annexes to this Chapter, in particular in the light of progress made under the consultations and procedures provided for under this Chapter;

in the light of the review provided for in subparagraph (b) of this paragraph or as otherwise provided in this Chapter, to modify, by means of a decision, Annexes IV to XIV to this Agreement; and

in the light of the review provided for in subparagraph (b) of this paragraph, to give opinions and make recommendations to other bodies as defined in the Institutional, General and Final Provisions of this Agreement.

protect and facilitate legitimate trade through effective enforcement of, and compliance with, legislative requirements;

avoid unnecessary or discriminatory burdens on economic operators, prevent fraud and provide further facilitation for economic operators having a high level of compliance;

apply a single administrative document for the purposes of customs declarations;

lead to greater efficiency, transparency and simplification of customs procedures and practices at the border;

apply modern customs techniques, including risk assessment, post clearance controls and company audit methods in order to simplify and facilitate the entry and release of goods;

aim at reducing costs and increasing predictability for economic operators, including small and medium-sized companies;

without prejudice to the application of objective risk-assessment criteria, ensure the non-discriminatory application of requirements and procedures applicable to imports, exports and goods in transit;

apply the international instruments applicable in the field of customs and trade including those developed by the World Customs Organization (hereinafter referred to as the "WCO") (Framework of Standards to Secure and Facilitate Global Trade of 2005, Istanbul Convention on temporary admission of 1990, HS Convention) of 1983, the WTO (e.g. on Valuation), the UN (TIR Convention of 1975, 1982 Convention on harmonization of frontier controls of goods), as well as EC guidelines such as the Customs Blueprints;

take the necessary measures to reflect and implement the provisions of the Revised Kyoto Convention on the Simplification and Harmonization of Customs Procedures of 1973;

provide for advance binding rulings on tariff classification and rules of origin. The Parties ensure that a ruling may be revoked or annulled only after notification to the affected operator and without retroactive effect unless the rulings have been made on the basis of incorrect or incomplete information;

introduce and apply simplified procedures for authorised traders according to objective and non-discriminatory criteria;

set rules that ensure that any penalties imposed for the breach of customs regulations or procedural requirements are proportionate and non-discriminatory and, in their application, do not result in unwarranted and unjustified delays;

apply transparent, non-discriminatory and proportionate rules in respect of the licensing of customs brokers.

take further steps towards the reduction, simplification and standardisation of data and documentation required by customs and other agencies;

simplify requirements and formalities wherever possible, in respect of the prompt release and clearance of goods;

provide effective, prompt and non-discriminatory procedures guaranteeing the right of appeal against customs' and other agencies' administrative actions, rulings and decisions affecting the goods submitted to customs. Such procedures for appeal shall be easily accessible, including to small or medium-sized enterprises and any costs shall be reasonable and commensurate with costs in providing for appeals. The Parties shall also take steps to ensure that where a disputed decision is the subject of an appeal, goods are normally released and duty payments may be left pending, subject to any safeguarding measures judged necessary. Where required, this should be subject to the provision of a guarantee, such as a surety or deposit;

ensure that the highest standards of integrity be maintained, in particular at the border, through the application of measures reflecting the principles of the relevant international conventions and instruments in this field, in particular the WCO Revised Arusha Declaration (2003) and the EC Blueprint on Customs ethics (2007).

any requirements for the mandatory use of customs brokers;

any requirements for the mandatory use of pre-shipment inspections or destination inspection.

For the purposes of this Agreement, the transit rules and definitions as set out in the WTO provisions (Article V of GATT 1994, and related provisions, including any clarification or improvement resulting from the Doha Round negotiations on trade facilitation) shall apply. These provisions also apply when the transit of goods begins or ends in the territory of a Party (inland transit).

The Parties shall pursue the progressive interconnectivity of their respective customs transit systems, with a view to Ukraine participating in the future in the common transit system set out in the Convention of 20 May 1987 on a common transit procedure.

The Parties shall ensure cooperation and coordination between all relevant authorities and agencies in their territories in order to facilitate traffic in transit and promote cooperation across borders. Parties shall also promote cooperation between authorities and the private sector in relation to transit.

as regards the establishment of subsidiaries, branches and representative offices of legal persons of the EU Party, treatment no less favourable than that accorded to its own legal persons, branches and representative offices or to any third-country legal persons, branches and representative offices, whichever is the better;

as regards the operation of subsidiaries, branches and representative offices of legal persons of the EU Party in Ukraine, once established, treatment no less favourable than that accorded to its own legal persons, branches and representative offices; or to any third-country legal persons, branches and representative offices, whichever is the better ( 18 ).

as regards the establishment of subsidiaries, branches and representative offices of legal persons of Ukraine, treatment no less favourable than that accorded by the EU Party to its own legal persons, branches and representative offices or to any third-country legal persons, branches and representative offices, whichever is the better;

as regards the operation of subsidiaries, branches and representative offices of legal persons of Ukraine in the EU Party, once established, treatment no less favourable than that accorded to its own legal persons, branches and representative offices; or to any third-country legal persons, branches and representative offices, whichever is the better ( 19 ).

limitations on the number of services suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirements of an economic needs test;

limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

limitations on the total number of service operations or on the total quantity of service output expressed in the terms of designated numerical units in the form of quotas or the requirement of an economic needs test.

Legal services

Accounting and bookkeeping services

Taxation advisory services

Architectural services, urban planning and landscape architectural services

Engineering services, integrated engineering services

Computer and related services

Research and development services

Advertising

Management consulting services

Services related to management consulting

Technical testing and analysis services

Related scientific and technical consulting services

Maintenance and repair of equipment in the context of an after-sales or after-lease services contract

Translation services

Site investigation work

Environmental services

Travel agencies and tour operator services

Entertainment services

The natural persons must be engaged in the supply of a service on a temporary basis as employees of a juridical person, which has obtained a service contract not exceeding twelve months;

The natural persons entering the other Party should be offering such services as employees of the juridical person supplying the services for at least the year immediately preceding the date of submission of an application for entry into the other Party. In addition, the natural persons must possess, at the date of submission of an application for entry into the other Party, at least three years professional experience ( 25 ) in the sector of activity which is the subject of the contract;

The natural persons entering the other Party must possess:

The natural person shall not receive remuneration for the provision of services in the territory of the other Party other than the remuneration paid by the legal person employing the natural person;

The entry and temporary stay of natural persons within the Party concerned shall be for a cumulative period of not more than 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 less;

Access accorded under the provisions of this Article relates only to the service activity which is the subject of the contract and does not confer entitlement to exercise the professional title of the Party where the service is provided;

The number of persons covered by the service contract shall not be larger than necessary to fulfil the contract, as it may be requested by the laws, regulations or other legal requirements of the Party where the service is supplied;

Other discriminatory limitations, including on the number of natural persons in the form of economic needs tests, as specified in Annexes XVI-C and XVI–F to this Agreement on reservations on contractual service suppliers and independent professionals.

Legal services

Architectural services, urban planning and landscape architecture

Engineering and integrated engineering services

Computer and related services

Management consulting services and services related to management consulting

Translation services

The natural persons must be engaged in the supply of a service on a temporary basis as self-employed persons established in the other Party and must have obtained a service contract for a period not exceeding 12 months;

The natural persons entering the other Party must possess, at the date of submission of an application for entry into the other Party, at least six years professional experience in the sector of activity which is the subject of the contract;

The natural persons entering the other Party must possess:

The entry and temporary stay of natural persons within the Party concerned shall be for a cumulative period of not more than six months or, in the case of Luxembourg, 25 weeks in any twelve-month period or for the duration of the contract, whichever is less.

Access accorded under the provisions of this Article relates only to the service activity which is the subject of the contract; it does not confer entitlement to use the professional title of the Party where the service is provided.;

Other discriminatory limitations, including on the number of natural persons in the form of economic needs tests, which are specified in Annexes XVI-C and XVI-F to this Agreement on reservations on contractual service suppliers and independent professionals.

cross-border supply of services;

establishment in their territory of legal and natural persons defined in Article 86 of this Agreement; or

temporary stay in their territory of categories of natural persons defined in Article 86(17) to (21) of this Agreement.

"Licensing" means the process through which a service supplier or an investor is in effect required to take steps in order to obtain from a competent authority a decision concerning the authorisation to supply a service, including through establishment, or concerning the authorisation to establish in an economic activity other than services, including a decision to amend or renew such authorisation.

"Competent authority" means any central, regional or local government and authority or non-governmental body in the exercise of powers delegated by central or regional or local governments or authorities, which takes a decision concerning licensing.

"Licensing procedures" shall mean the procedures to be followed as a part of licensing.

proportionate to a legitimate public policy objective;

clear and unambiguous;

objective;

pre-established;

made public in advance;

transparent and accessible.

a "licence" means an authorisation, granted to an individual supplier by a regulatory authority, which is required before carrying out the activity of supplying a given service;

"universal service" means the permanent provision of a postal service of specified quality at all points in the territory of a Party at affordable prices for all users.

all the licensing criteria and the period of time normally required to reach a decision concerning an application for a licence; and

the terms and conditions of licences.

"electronic communication services" means all services that consist of the transmission and reception of electro-magnetic signals and are normally provided for remuneration, excluding broadcasting, which does not cover the economic activity consisting in the provision of content that requires telecommunications for its transport. Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of television and radio programme signals to the general public, but does not cover contribution links between operators;

"public communication network" means an electronic communication network used wholly or mainly for the provision of publicly available electronic communication services;

"electronic communication network" means transmission systems and, where applicable, switching or routing equipment and other resources which permit the conveyance of signals by wire, by radio, by optical or by other electromagnetic means, including satellite networks, fixed (circuit- and packet-switched, including Internet) and mobile terrestrial networks, and electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed;

a "regulatory authority" in the electronic communication sector means the body or bodies charged with the regulation of electronic communication mentioned in this Chapter;

a service supplier shall be deemed to have "significant 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;

"interconnection" means the physical and/or logical linking of public communication networks used by the same or a different service supplier in order to allow the users of one service supplier to communicate with users of the same or another service supplier, or to access services provided by another service supplier. 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;

"universal service" means the set of services of specified quality that is made available to all users in the territory of a Party regardless of their geographical location and at an affordable price; its scope and implementation are decided by each Party;

"access" means the making available of facilities and/or services, to another service supplier, under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing electronic communication services. It covers, inter alia, access to network elements and associated facilities, which may involve the connection of equipment by fixed or non-fixed means (in particular this includes access to the local loop and to facilities and services necessary to provide services over the local loop), access to physical infrastructure including buildings, cable ducts, and masts; access to relevant software systems including operational support systems, access to numbering translation or systems offering equivalent functionality, access to fixed and mobile networks, in particular for roaming, access to conditional access systems for digital televisions services, access to virtual network services;

"end-user" means a user not providing public communication networks or publicly available electronic communication services;

"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 communication network.

all the licensing criteria and a reasonable period of time normally required to reach a decision concerning an application for a licence are made publicly available;

the reasons for the denial of a licence are made known in writing to the applicant upon request;

the applicant of a licence is able to seek recourse before an appeal body in case that a licence is unduly denied;

licence fees ( 30 ) required by any Party for granting a licence do not exceed the administrative costs normally incurred in the management, control and enforcement of the applicable licences. Licence fees for the use of radio spectrum and numbering resources are not subject to the requirements of this paragraph.

obligation of non-discrimination to ensure that the operator applies equivalent conditions in equivalent circumstances to other service suppliers providing equivalent services, and provides services and information to others under the same conditions and of the same quality as it provides for its own services, or those of its subsidiaries or partners;

obligation on a vertically integrated company to make transparent its wholesale prices and its internal transfer prices, where there is a requirement for non-discrimination or for prevention of unfair cross-subsidy. The regulatory authority may specify the format and accounting methodology to be used;

obligations to meet reasonable requests for access to, and use of, specific network elements and associated facilities including unbundled access to the local loop, inter alia, in situations where the regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level, or would not be in the end-user's interest;

obligation to provide specified services on a wholesale basis for resale 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 facility sharing, including cable duct, building or mast sharing; to provide specified services needed to ensure interoperability of end-to-end 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 may attach conditions including fairness, reasonableness and timeliness to the obligations included under points (c) and (d) of this paragraph;

obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned might sustain prices at an excessively high level, or apply a price squeeze, to the detriment of end-users;

Regulatory authorities shall take into account the investment made by the operator and allow him a reasonable rate of return on adequate capital employed.

obligation to publish the specific obligations imposed on a service supplier by the regulatory authority identifying the specific product/service and geographical markets. Up-to-date information, provided that it is not confidential and does not comprise business secrets is to be made publicly available in a manner that guarantees all interested parties easy access to that information;

obligations of transparency requiring operators to make public specified information and in particular, where an operator has obligations of non-discrimination, the regulator may require that operator to publish a reference offer, which shall be sufficiently unbundled to ensure that service suppliers are not required to pay for facilities which are not necessary for the service requested, giving a description of the relevant offerings broken down into components according to market needs, and the associated terms and conditions including prices.

directories of all subscribers ( 31 ) are available to users, whether printed or electronic, or both, and are updated on a regular basis, and at least once a year;

organisations that provide the services referred to in paragraph (a) apply the principle of non-discrimination to the treatment of information that has been provided to them by other organisations.

"financial service" means any service of a financial nature offered by a financial service supplier of a Party. Financial services include the following activities:

"financial service supplier" means any natural or legal person of a Party that seeks to provide or provides financial services. The term "financial service supplier" does not include a public entity.

"public entity" means:

"new financial service" means a service of a financial nature, including services related to existing and new products or the manner in which a product is delivered, which is not supplied by any financial service supplier in the territory of a Party but which is supplied in the territory of the other Party.

the protection of investors, depositors, policy-holders or persons to whom a fiduciary duty is owed by a financial service supplier;

ensuring the integrity and stability of a Party's financial system.

by means of an official publication; or

in other written or electronic form.

"international maritime transport" includes door to door and multi-modal transport operations, which is the carriage of goods using more than one mode of transport, involving a sea-leg, under a single transport document, and to this effect direct contracting with providers of other modes of transport;

"maritime cargo handling services" means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers, when this workforce is organised independently of the stevedoring or terminal operator companies. The activities covered include the organisation and supervision of:

"customs clearance services" (alternatively "customs house brokers' services") means activities consisting in carrying out on behalf of another party customs formalities concerning import, export or through transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activity;

"container station and depot services" means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments;

"maritime agency services" means activities consisting in representing, within a given geographic area, as an agent the business interests of one or more shipping lines or shipping companies, for the following purposes:

"freight forwarding services" means the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.

"feeder services" means the pre- and onward transport of international cargoes by sea, in particular containerised, between ports located in a Party.

not introduce cargo sharing arrangements in future agreements with third countries concerning maritime transport services, including dry and liquid bulk and liner trade, and terminate such cargo sharing arrangements in the case they exist in previous agreements; and

abolish or abstain from implementing any administrative, technical, or other measures, which could constitute an indirect restriction and have discriminatory effects against nationals or companies of the other Party in the supply of services in international maritime transport.

publishing, marketing and sales of maritime transport and related services, from quotation to invoicing, on their own account or on behalf of other service suppliers of international maritime transport, through direct contact with customers;

provision of business information by any means, including computerised information systems and electronic data interchange (subject to any non-discriminatory restrictions concerning telecommunications);

preparation of documentation concerning transport and customs and other documents related to the origin and character of what is being transported;

organising the call of vessels or taking delivery of cargoes on their own account or on behalf of other service suppliers of international maritime transport;

setting up of any business arrangement with any locally established shipping agency, including participation in the company's stock and the appointment of personnel recruited locally or recruited from abroad subject to the relevant provisions of this Agreement;

purchase and use, on their own account or on behalf of their customers (and the resale to their customers), of transport services by all modes, including inland waterways, road and rail, and services auxiliary to all modes of transport, necessary for the supply of an integrated transport service;

owning the equipment necessary for conducting economic activities.

the recognition of certificates of electronic signatures issued to the public and the facilitation of cross-border certification services,

the liability of intermediary service providers with respect to the transmission or storage of information,

the treatment of unsolicited electronic commercial communications,

the protection of consumers within the ambit of electronic commerce,

any other issue relevant to the development of electronic commerce.

necessary to protect public security or public morals or to maintain public order;

necessary to protect human, animal or plant life or health;

relating to the conservation of exhaustible natural resources if such measures are applied in conjunction with restrictions on domestic investors or on the domestic supply or consumption of services;

necessary for the protection of national treasures of artistic, historic or archaeological value;

necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Chapter including those relating to:

inconsistent with Article 88(1) and Article 94 of this Agreement, provided that the difference in treatment is aimed at ensuring the effective or equitable imposition or collection of direct taxes in respect of economic activities, investors or services suppliers of the other Party ( 33 ).

to require any Party to furnish any information, the disclosure of which it considers contrary to its essential security interests; or

to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests:

to prevent any Party from taking any action in pursuance of obligations it has accepted for the purpose of maintaining international peace and security.

the free movement of capital relating to credits related to commercial transactions or to the provision of services in which a resident of one of the Parties is participating;

the free movement of capital relating to portfolio investments and financial loans and credits by the investors of the other Party.

a central executive body responsible for economic policy tasked with guaranteeing a coherent policy in all areas related to public procurement. Such a body shall facilitate and coordinate the implementation of this Chapter and guide the process of legislative approximation

an impartial and independent body tasked with the review of decisions taken by contracting authorities or entities during the award of contracts. In this context, "independent" means that that body shall be a public authority which is separate from all contracting entities and economic operators. There shall be a possibility to subject the decisions taken by this body to judicial review.

to enable the market to be opened up to competition; and

to allow any interested economic operator to have appropriate access to information regarding the intended procurement prior to the award of the contract and to express its interest in obtaining the contract.

this is done in a transparent and non-discriminatory manner; and

the selection is based only on objective factors such as the experience of the applicants in the sector concerned, the size and infrastructure of their businesses or their technical and professional abilities.

"broadcasting" means the transmission by wireless means for public reception of sounds or of images and sounds or of the representations thereof; such transmission by satellite; and transmission of encrypted signals, where the means for decrypting are provided to the public by the broadcasting organisation or with its consent;

"communication to the public" means the transmission to the public by any medium, otherwise than by broadcasting, of sounds of a performance or the sounds or the representations of sounds fixed in a phonogram. For the purposes of paragraph 3, "communication to the public" includes making the sounds or representations of sounds fixed in a phonogram audible to the public.

for performers, in respect of fixations of their performances;

for phonogram producers, in respect of their phonograms;

for producers of the first fixation of films, in respect of the original and copies of their films;

for broadcasting organisations, in respect of fixations of their broadcasts as set out in Article 169(3) of this Agreement.

private use;

use of short excerpts in connection with the reporting of current events;

ephemeral fixation by a broadcasting organisation by means of its own facilities and for its own broadcasts;

use solely for the purposes of teaching or scientific research.

for performers, of fixations of their performances;

for phonogram producers, of their phonograms;

for the producers of the first fixations of films, of the original and copies of their films;

for broadcasting organisations, of fixations of their broadcasts, whether these broadcasts are transmitted by wire or over the air, including by cable or satellite.

transmission in a network between third parties by an intermediary; or

lawful use

are promoted, advertised or marketed for the purpose of circumvention of; or

have only a limited commercially significant purpose or use other than to circumvent; or

are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of, any effective technological measures.

the removal or alteration of any electronic rights-management information;

the distribution, importation for distribution, broadcasting, communication or making available to the public of works or other subject-matter protected under this Agreement from which electronic rights-management information has been removed or altered without authority,

the author in respect of the original and copies of his/her work;

the performer in respect of fixations of his/her performance;

the phonogram producer in respect of his/her phonograms;

the producer of the first fixation of a film in respect of the original and copies of his film.

these acts are performed by the licensee or by another person having a right to use a copy of a programme, or on their behalf by a person authorised to do so;

the information necessary to achieve interoperability has not previously been readily available to the persons referred to in subparagraph (a) of this paragraph; and

these acts are confined to the parts of the original programme which are necessary to achieve interoperability.

to be used for goals other than to achieve the interoperability of the independently created computer programme;

to be given to others, except when necessary for the interoperability of the independently created computer programme; or

to be used for the development, production or marketing of a computer programme substantially similar in its expression, or for any other act which infringes copyright.

in the case of reproduction for private purposes of a non-electronic database;

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;

where there is use for purposes of public security or for the purposes of an administrative or judicial procedure;

where other exceptions to copyright are traditionally authorised by each Party, without prejudice to subparagraphs (a), (b) and (c).

signs which cannot constitute a trade-mark;

trade-marks which are devoid of any distinctive character;

trade-marks consisting exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service;

trade-marks consisting exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade;

signs which consist exclusively of:

trade-marks which are contrary to public policy or to accepted principles of morality;

trade-marks which are of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service;

trade-marks which have not been authorised by the competent authorities and are to be refused or invalidated pursuant to Article 6 ter of the Paris Convention.

if it is identical to an earlier trade-mark, and the goods or services for which the trade-mark is applied for or is registered are identical to the goods or services for which the earlier trade-mark is protected;

if because of its identity with, or similarity to, the earlier trade-mark and the identity or similarity of the goods or services covered by the trade-marks, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade-mark.

his/her own name or address;

indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of a service, or other characteristics of goods or services;

the trade-mark where it is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts, provided he/she uses it in accordance with honest practices in industrial or commercial matters.

use of the trade-mark in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered;

affixing of the trade-mark to goods or to the packaging thereof solely for export purposes.

in consequence of acts or inactivity of the proprietor, it has become the common name in the trade for a product or service in respect of which it is registered;

in consequence of the use made of it by the proprietor of the trade-mark or with his/her consent in respect of the goods or services for which it is registered, it is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services.

any direct or indirect commercial use of a protected name for comparable products not compliant with the product specification of the protected name, or in so far as such use exploits the reputation of a geographical indication;

any misuse, imitation or evocation, even if the true origin of the product is indicated or if the protected name is translated, transcripted, transliterated or accompanied by an expression such as "style", "type", "method", "as produced in", "imitation", "flavour", "like", or similar;

any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, in advertising material or documents relating to the product concerned, and on the packing of the product in a container liable to convey a false impression as to its origin;

any other practice liable to mislead the consumer as to the true origin of the product.

Champagne,

Cognac,

Madeira,

Porto,

Jerez /Xérès/ Sherry,

Calvados,

Grappa,

Anis Português,

Armagnac,

Marsala,

Malaga,

Tokaj.

Parmigiano Reggiano,

Roquefort,

Feta

amending Annex XXII-A Part A to this Agreement, as regards the references to the law applicable in the Parties;

amending Annex XXII-A Part B to this Agreement, as regards the elements for registration and control of geographical indications;

amending Annex XXII-B to this Agreement, as regards the criteria to be included in the objection procedure;

modifying Annexes XXII-C and XXII-D to this Agreement as regards geographical indications;

exchanging information on legislative and policy developments on geographical indications and any other matter of mutual interest in the area of geographical indications;

exchanging information on geographical indications for the purpose of considering their protection in accordance with this Agreement.

if the component part, once it has been incorporated into the complex product, remains visible during normal use of the latter; and

to the extent that those visible features of the component part fulfil in themselves the requirements as to novelty and individual character.

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;

in the case of a registered design, before the date of filing of the application for registration of the design for which protection is claimed, or, if priority is claimed, the date of priority.

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;

in the case of a registered design, before the date of filing of the application for registration of the design for which protection is claimed, or, if priority is claimed, the date of priority.

by the designer, his/her successor in title, or a third person as a result of information provided or action taken by the designer, or his/her successor in title; and

during the twelve-month period preceding the date of filing of the application or, if priority is claimed, the date of priority.

if the design does not correspond to the definition under Article 212(a) of this Agreement;

if it does not fulfil the requirements of Article 213 and Article 217 (paragraphs 3, 4 and 5) of this Agreement;

if, by virtue of a court decision, the right holder is not entitled to the design;

if the design is in conflict with a prior design which has been made available to the public after the date of filing of the application or, if priority is claimed, the date of priority of the design, and which is protected from a date prior to the said date by a registered design or an application for a design;

if a distinctive sign is used in a subsequent design, and the law of the Party concerned governing that sign confers on the right holder of the sign the right to prohibit such use;

if the design constitutes an unauthorised use of a work protected under the copyright law of the Party concerned;

if the design constitutes an improper use of any of the items listed in Article 6 ter of the Paris Convention or of badges, emblems and escutcheons other than those covered by the said Article 6 ter and which are of particular public interest in the territory of a Party.

This paragraph is without prejudice to the right of the Parties to set formal requirements for design applications.

acts done privately and for non-commercial purposes;

acts done for experimental purposes;

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.

the equipment on ships and aircraft registered in another country when these temporarily enter the territory of the Party concerned;

the importation by the Party concerned of spare parts and accessories for the purpose of repairing such craft;

the execution of repairs on such craft.

"biological material" means any material containing genetic information and capable of reproducing itself or being reproduced in a biological system;

"microbiological process" means any process involving or performed upon or resulting in microbiological material.

plant and animal varieties;

essentially biological processes for the production of plants or animals;

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.

processes for cloning human beings;

processes for modifying the germ line genetic identity of human beings;

uses of human embryos for industrial or commercial purposes;

processes for 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.

where a breeder cannot acquire or exploit a plant variety right without infringing a prior patent, he/she 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 shall provide that, where such a licence is granted, the holder of the patent will be entitled to a cross-licence on reasonable terms to use the protected variety;

where the holder of a patent concerning a biotechnological invention cannot exploit it without infringing a prior plant variety right, he/she 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 shall provide that, where such a licence is granted, the holder of the variety right will be entitled to a cross-licence on reasonable terms to use the protected invention.

they have applied unsuccessfully to the holder of the patent or of the plant variety right to obtain a contractual licence;

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.

reproduction of a topography in so far as it is protected under Article 225 (2) of this Agreement;

commercial exploitation or the importation for that purpose of a topography or of a semiconductor product manufactured by using the topography.

the holders of intellectual property rights in accordance with the provisions of the applicable law;

all other persons authorised to use those rights, in particular licensees, in so far as permitted by and in accordance with the provisions of the applicable law;

professional defence bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by and in accordance with the provisions of the applicable law.

was found in possession of the infringing goods on a commercial scale;

was found to be using the infringing services on a commercial scale;

was found to be providing on a commercial scale services used in infringing activities;

or

was indicated by the person referred to in subparagraphs (a), (b) or (c) of this paragraph as being involved in the production, manufacture or distribution of the goods or the provision of the services.

the names and addresses of the producers, manufacturers, distributors, suppliers and other previous holders of the goods or services, as well as the intended wholesalers and retailers;

information on the quantities produced, manufactured, delivered, received or ordered, as well as the price obtained for the goods or services in question.

grant the right holder rights to receive fuller information;

govern the use in civil or criminal proceedings of the information communicated pursuant to this Article;

govern responsibility for misuse of the right of information;

afford an opportunity for refusing to provide information which would force a person referred to in paragraph 1 of this Article to admit to his/her own participation or that of his/her close relatives in an infringement of an intellectual property right, or

govern the protection of confidentiality of information sources or the processing of personal data.

they shall take into account all appropriate aspects, such as the negative economic consequences, including lost profits, which the injured party has suffered, any unfair profits made by the infringer and, in appropriate cases, elements other than economic factors, such as the moral prejudice caused to the right holder by the infringement; or

as an alternative to subparagraph (a) of this paragraph, they may, in appropriate cases, set the damages as a lump sum on the basis of elements such as at least the amount of royalties or fees which would have been due if the infringer had requested authorisation to use the intellectual property right in question.

does not initiate the transmission;

does not select the receiver of the transmission; and

does not select or modify the information contained in the transmission.

the provider does not modify the information;

the provider complies with conditions on access to the information;

the provider complies with rules regarding the updating of the information, specified in a manner widely recognised and used by industry;

the provider 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

the provider acts expeditiously to remove or to disable access to the information it has stored upon obtaining actual knowledge of the fact that the information at the initial source of the transmission has been removed from the network, or access to it has been disabled, or that a court or an administrative authority has ordered such removal or disablement.

the provider does not have actual knowledge of illegal activity or information and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or information is apparent; or

the provider, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information.

"counterfeit goods", namely:

"pirated goods", namely goods which are or contain copies made without the consent of the holder, or of a person duly authorised by the holder in the country of production, of a copyright or related right or design right, regardless of whether it is registered in domestic law;

goods which, according to the law of the Party in which the application for customs action is made, infringe:

exchange of information on the legal framework concerning intellectual property rights and relevant rules of protection and enforcement; exchange of experiences in the EU Party and Ukraine concerning legislative progress;

exchange of experiences in the EU Party and Ukraine concerning enforcement of intellectual property rights;

exchange of experiences in the EU Party and Ukraine concerning central and sub-central enforcement by customs, police, administrative and judiciary bodies; co-ordination to prevent exports of counterfeit goods, including with other countries;

capacity-building; exchange and training of personnel;

promotion and dissemination of information on intellectual property rights in, inter alia, business circles and civil society; public awareness of consumers and right holders;

enhancement of institutional co-operation, for example between intellectual property offices;

actively promoting awareness and education of the general public about intellectual property rights policies: formulating effective strategies to identify key audiences and creating communication programmes to increase consumer and media awareness of the impact of intellectual property violations, including the risk to health and safety and the connection with organised crime.

before a competition authority of one of the Parties imposes a sanction or remedy against any natural or legal person for violating its competition law, it affords the person the right to be heard and to present evidence within a reasonable time to be defined in the respective competition laws of the Parties after it has communicated to the natural or legal person concerned its provisional conclusions as to the existence of the violation; and

a court or other independent tribunal established under that Party's laws imposes or, at the person's request, reviews any such sanction or remedy.

neither Party shall enact or maintain in force any measure contrary to the principles contained in Articles 254 and Article 258(1) of this Agreement; and

the Parties shall ensure that such enterprises are subject to the competition laws referred to in Article 253(2) of this Agreement

aid having a social character, granted to individual consumers, provided that such aid is granted without discrimination related to the origin of the products concerned;

aid to make good the damage caused by natural disasters or exceptional occurrences.

aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious underemployment;

aid to promote the execution of an important project in the common European interest ( 40 ) or to remedy a serious disturbance in the economy of one of the Member States of the European Union or Ukraine;

aid to facilitate the development of certain economic activities or of certain economic areas where such aid does not adversely affect trading conditions contrary to the interests of the Parties;

aid to promote culture and heritage conservation where such aid does not adversely affect trading conditions contrary to the interests of the Parties;

aid to achieve objectives allowed under the EU horizontal block exemption regulations and horizontal and sectoral state aid rules granted in line with the conditions set out therein;

aid for investment to comply with the mandatory standards of the EU directives listed in Annex XXIX to Chapter 6 (Environment) of Title V of this Agreement, within the implementation period provided for therein, and involving adaptation of plant and equipment to meet the new requirements, can be authorised up to the level of 40 % gross of the eligible costs.

public funds made available directly or indirectly (for example through the intermediary of public undertakings or financial institutions) by public authorities to the public undertakings concerned;

the use to which these public funds are actually put into.

the costs and revenues associated with all products or services in respect of which a special or exclusive right is granted to an undertaking or all services of general economic interest with which an undertaking is entrusted and, on the other hand, each other separate product or service in respect of which the undertaking is active;

full details of the methods by which costs and revenues are assigned or allocated to different activities. These methods shall operate on the basis of accounting principles of causality, objectivity, transparency and consistency, according to internationally recognised accounting methodologies such as activity based costing, and be based on audited data.

minimise the risk of accidental interruption, reduction or stoppage of transit and transport;

expeditiously restore the normal operation of such transit or transport, which has been accidentally interrupted, reduced or stopped.

are promptly published or are otherwise made readily available to interested persons, in a non-discriminatory manner, via an officially designated medium, and where feasible and possible, electronic means, in such manner as to enable interested persons and the other Party to become acquainted with them;

provide an explanation of the objective of and rationale for such measure; and

allow for sufficient time between publication and entry into force of such measure except where this is not possible because of an emergency.

endeavour to publish in advance any proposal to adopt or amend any measure of general application, including an explanation of the objective of and rationale for the proposal;

provide reasonable opportunities for interested persons to comment on such proposed measure, allowing, in particular, for sufficient time for such opportunities; and

endeavour to take into account the comments received from interested persons with respect to such proposed measure.

a reasonable opportunity to support or defend their respective positions; and

a decision based on the evidence and submissions of record or, where required by the Party's law, the record compiled by the administrative authority.

the freedom of association and the effective recognition of the right to collective bargaining;

elimination of all forms of forced or compulsory labour;

effective abolition of child labour; and

elimination of discrimination in respect of employment and occupation.

if the Parties have agreed on two members of the arbitration panel, the remaining member shall be selected from the individuals selected by the Parties to act as chairperson;

if the Parties have agreed on one member of the arbitration panel, one of the remaining members shall be selected from the individuals proposed by the complaining Party and one from the individuals proposed by the Party complained against.

dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a Party's request for the establishment of a panel under Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes contained in Annex 2 of the WTO Agreement (hereinafter referred to as the "DSU") and are deemed to be concluded when the DSB adopts the Panel's report, and the Appellate Body's report as the case may be, under Articles 16 and 17.14 of the DSU; and

dispute settlement proceedings under this Chapter are deemed to be initiated by a Party's request for the establishment of an arbitration panel under Article 306(1) of this Agreement and are deemed to be concluded when the arbitration panel issues its ruling to the Parties and to the Trade Committee.

identify the specific measure at issue;

provide a statement of the alleged adverse effects that the requesting Party believes the measure has, or will have, on trade or investment between the Parties; and

explain how the requesting Party considers that those effects are linked to the measure.

by the adoption of a mutually agreed solution by the Parties, on the date of adoption.

by a written declaration of the mediator, after consultation with the Parties, that further efforts at mediation would be to no avail;

by a written declaration of a Party after exploring mutually agreed solutions under the mediation procedure and after having considered any advice and proposed solutions by the mediator; or

at any stage of the procedure by mutual agreement of the Parties.

the measure at issue in these procedures;

the procedures followed; and

any mutually agreed solution reached as the final outcome of these procedures, including possible interim solutions.

positions taken by the other Party in the course of the mediation procedure;

the fact that the other Party has indicated its willingness to accept a solution to the measure subject to mediation; or

advice given or proposals made by the mediator.

the Shelter Implementation Plan (SIP) to transform the existing destroyed unit 4 (Shelter object) into an environmentally safe system;

spent nuclear fuel management;

de-contamination of the territories;

radioactive waste management;

monitoring of the environment;

other areas that may be mutually agreed, such as medical, scientific, economic, regulatory, social and administrative aspects of efforts to mitigate the consequences of the disaster.