Association Agreement

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1 Association Agreement between the European Union and its Member States and Georgia incorporating a Deep and Comprehensive Free Trade Area (DCFTA) Published in the Official Journal of the European Union on 30 August 2014 (L161, Vol 57) Legal act, treaty no. 2014/494/EU Table of Contents Preamble 4 Article 1 Objectives 7 Article 2 TITLE I - General principles 7 Article 3 TITLE II - Political dialogue and reform, political association, foreign and security policy 8 Article 13 TITLE III - Justice, Freedom and Security 11 Article 22 TITLE IV Trade and Trade-related matters 14 Article 22 Chapter 1 - National treatment and market access for goods 14 Article 22 Section 1 Common provisions 14 Article 24 Section 2 Elimination of customs duties, fees and other charges 15 Article 31 Section 3 Non-tariff measures 16 Article 33 Section 4 Specific provisions related to goods 17 Article 33 Section 5 Admin. cooperation and coordination with other countries 17 Article 37 Chapter 2 Trade remedies 18 1

2 Article 37 Section 1 Global safeguard measures 18 Article 40 Section 4 Anti-dumping and countervailing measures 19 Article 44 Chapter 3 Technical barriers to trade, standardisation, accreditation, etc. 20 Article 50 Chapter 4 Sanitary and phytosanitary measures 22 Article 66 Chapter 5 Customs and trade facilitation 31 Article 75 Chapter 6 Establishment, trade in services and electronic commerce 36 Article 75 Section 1- General provisions 36 Article 78 Section 2 Establishment 38 Article 83 Sections 3 Cross-Border supply of services 40 Article 88 Section 4 Temp. presence of natural persons for business purposes 41 Article 93 Section 5 - Regulatory framework 44 Article 93 Sub-section 1 - Domestic regulation 44 Article 96 Sub-section 2 Provisions of general application 46 Article 98 Sub-section 3 Computer services 47 Article 99 Sub-section 4 Postal and courier services 48 Article 104 Sub-section 5 - Electronic communication networks, services 49 Article 114 Sub-section 6 Financial services 53 Article 123 Sub-section 7 Transport services 57 Article 127 Section 6 - Electronic commerce 59 Article 127 Sub-section 1 General provisions 59 Article 129 Sub-section 2 Liability of intermediary service providers 59 Article 134 Section 7 Exceptions 62 Article 137 Chapter 7 Current payments and movement of capital 62 Article 141 Chapter 8 Public procurement 63 Article 150 Chapter 9 Intellectual property 67 Article 150 Section 1 General provisions-marks 67 Article 153 Section 2 Standards concerning intellectual property rights 68 Article 153 Sub-section 1 Copyright and related rights 68 Article 165 Sub-section 2 Trade-Marks 71 Article 169 Sub-section 3 Geographic indications 72 2

3 Article 180 Sub-section 4 Designs 76 Article 184 Sub-section 5 Patents 77 Article 190 Section 3 Enforcement of intellectual property rights 78 Article 192 Sub-section 1 Civil enforcement 79 Article 200 Sub-section 2 Other provisions 82 Article 203 Chapter 10 Competition 84 Article 210 Chapter 11 Trade-related energy 84 Article 219 Chapter 12 Transparency 87 Article 227 Chapter 13 Trade and sustainable development 89 Article 244 Chapter 14 Dispute settlement 96 Article 244 Section 1 Objective and scope 96 Article 246 Section 2 Consultations and mediation 96 Article 248 Section 3 Dispute settlement procedures 97 Article 248 Sub-section 1 - Arbitration procedure 97 Article 254 Sub-section 2 Compliance 99 Article 261 Sub-section 3 Common provisions 102 Article 268 Sections 4 General provisions 103 Article 271 Chapter 15 General provisions on approximation under Title IV 104 Article 277 Title V Economic cooperation Article 277 Chapter 1 Economic dialogue 106 Article 279 Chapter 2 Management of public finances and financial control 107 Article 280 Chapter 3 Taxation 107 Article 286 Chapter 4 Statistics 108 Article 292 Title VI Other cooperation policies 109 Article 292 Chapter 1 Transport 109 Article 297 Chapter 2 Energy cooperation 111 Article 301 Chapter 3 Environment 112 Article 307 Chapter 4 Climate action 113 Article 313 Chapter 5 Industrial and enterprise policy and mining 114 3

4 Article 316 Chapter 6 Company law, corporate governance, accounting and auditing 114 Article 320 Chapter 7 Financial services 115 Article 324 Chapter 8 Cooperation in the fields of Information society 115 Article 328 Chapter 9 Tourism 116 Article 332 Chapter 10 Agriculture and rural development 117 Article 335 Chapter 11 Fisheries and maritime governance 117 Article 335 Section 1 Fisheries policy 117 Article 339 Section 2 Maritime policy 118 Article 342 Chapter 12 Cooperation in research, technological development 119 Article 345 Chapter 13 Consumer protection 119 Article 348 Chapter 14 Employment, social policy an equal opportunities 120 Article 355 Chapter 15 Public health 121 Article 358 Chapter 16 Education, training and youth 121 Article 362 Chapter 17 Cooperation in the cultural field 122 Article 364 Chapter 18 Cooperation in the audiovisual and media fields 123 Article 368 Chapter 19 Cooperation in the field of sport and physical activity 123 Article 369 Chapter 20 Civil society cooperation 123 Article 372 Chapter 21 Regional development, cross-border and regional cooperation 124 Article 376 Chapter 22 Civil protection 125 Article 380 Chapter 23 Participation in European Union agencies and programmes 126 Article 383 TITLE VII Financial assistance, and anti-fraud and control provisions 127 Article 383 Chapter 1 Financial assistance 127 Article 390 Chapter 2 Anti-fraud and control provisions 127 Article 403 TITLE VIII Institutional, general and final provisions 131 Article 403 Chapter 1 Institutional framework 131 Article 414 Chapter 2 General and final provisions 133 4

5 List of Annexes Annex to Title III Annex I Freedom, Security and Justice 147 Annexes to Title IV Annex II Elimination of customs duties 148 Annex II-A Products subject to annual duty-free tariff quotas (EU) 148 Annex II B Products subject to entry price (EU) 149 Annex II-C Products subject to anti-circumvention mechanism (EU) 151 Annex III Approximation 173 Annex III-A List of sectoral legislation for approximation 174 Annex III-B Indicative list of horizontal legislation 176 Annex IV Coverage 176 Annex IV-A - SPS Measures 177 Annex IV-B - Animal welfare standards 181 Annex IV-C - Other measures covered by Chapter Annex IV-D - Measures to be included after the approximation of EU legislation 181 Annex V - List of notifiable animal and aquaculture diseases and regulated pests for which regional freedom can be recognised 181 Annex V-A - Animal and fish diseases subject to notification, for which the status of the Parties is recognised and for which regionalisation decisions may be taken 182 Annex V-B Recognition of the pest status, pest-free areas or protected zones 183 Annex VI - Regionalisation/zoning, pest-free areas and protected zones 184 Annex VII - Provisional approval of establishments 185 Annex VIII - Process of determination of equivalence 189 Annex IX - Import checks and inspection fees 191 Annex X Certification 194 Annex XI Approximation 196 5

6 Annex XI-A Principles for the evaluation of progress in the approximation process for the purpose of recognition of equivalence 196 Annex XI-B List of EU legislation to be approximated by Georgia 199 Annex XII Status of equivalence 199 Annex XIII - Approximation of customs legislation 200 Annex XIV - List of reservations on establishment; List of commitments on cross-border supply of services; List of reservations on contractual services suppliers and independent professionals 201 Annex XIV A - Reservations on establishment (EU) 203 Annex XIV B - List of commitments on cross-border supply of services (EU) 217 Annex XIV-C List of reservations on key personnel, graduate trainees and business sellers (EU) 244 Annex XIV D - Reservations on contractual services suppliers and independent professionals (EU) 257 Annex XIV-E - Reservations to establishment (Georgia) 263 Annex XIV F List of commitments on cross-border supply of services (Georgia) 267 Annex XIV G List of reservations on key personnel, graduate trainees and business sellers (Georgia) 281 Annex XIV-H - Reservations on contractual services suppliers and independent professionals (Georgia) 284 Annex XV - Approximation 294 Annex XV-A - Rules applicable to financial services 295 Annex XV B - Rules applicable to telecommunication services 300 Annex XV C - Rules applicable to postal and courier services 302 Annex XV D - Rules applicable to international maritime transport 303 Annex XVI - Public Procurement 306 Annex XVI A Thresholds 306 Annex XVI-B - Indicative time schedule for institutional reform, legislative approximation and market access 307 Annex XVI C - Basic elements of Directive 2004/18/EC (Phase 2) 308 Annex XVI D - Basic elements of Directive 89/665/EEC as amended by Directive 2007/66/EC (Phase 2) 311 Annex XVI-E - Basic elements of Directive 2004/17/EC (Phase 3) 312 6

7 Annex XVI-F - Basic elements of Directive 92/13/EEC as amended by Directive 2007/66/EC (Phase 3) 316 Annex XVI-G - Other non-mandatory elements of Directive 2004/18/EC (phase 4) 317 Annex XVI-H - Other mandatory elements of Directive 2004/18/EC (phase 4) 318 Annex XVI I - Other elements of Directive 89/665/EEC as amended by Directive 2007/66/EC (Phase 4) 320 Annex XVI J - Other non-mandatory elements of Directive 2004/17/EC (Phase 5) 321 Annex XVI-K - Other elements of Directive 92/13/EEC as amended by Directive 2007/66/EC (Phase 5) 323 Annex XVI L - Provisions of Directive 2004/18/EC outside the scope of the process of legislative approximation 324 Annex XVI M - Provisions of Directive 2004/17/EC outside the scope of the process of legislative approximation 326 Annex XVI-N - Provisions of Directive 89/665/EEC as amended by Directive 2007/66/EC outside the scope of the process of legislative approximation 329 Annex XVI-O - Provisions of Directive 92/13/EEC as amended by Directive 2007/66/EC outside the scope of the process of legislative approximation 330 Annex XVI-P - Indicative list of issues for cooperation 331 Annex XVII - Geographical indications Annex XVII-A Elements for registration and control of geographic indications as referred to in Article 170 (1) and (2) 332 Annex XVII B Criteria to be included in the objection procedure in Articles 170 (2) and (3) 333 Annex XVII C - Geographical indications of agricultural products and foodstuffs as referred to in Article 170 (3) and (4) of this Agreement 334 Annex XVI D - Geographical indications of wines, aromatised wines and spirit drinks as referred to in Articles 202(3) and 202(4) of this Agreement 383 Annex XVIII Early warning mechanism 554 Annex XIX - Mediation mechanism 556 Section 1 Procedure under the mediation mechanism 556 Section 2 Implementation 339 Section 3 General provisions 559 Annex XX Rules of procedure for dispute settlement 560 Annex XXI - Code of conduct for members of arbitration panels and mediators 565 7

8 Annexes to Title VI Annex XXII Taxation 567 Annex XXIII Statistics 569 Annex XXIV Transport 570 Annex XXV - Energy 574 Annex XXVI Environment 579 Annex XXVII Climate action 593 Annex XXVIII - Company law, Corporate Governance, Accounting and Auditing 595 Annex XXIX Consumer protection 598 Annex XXX - Employment, Social Policy and Equal Opportunities 601 Annex XXXI - Public Health 606 Annex XXXII - Education, Training and Youth 609 Annex XXXIII Cooperation in the Audiovisual and Media fields 610 Annex to Title VII Annex XXXIV Anti-fraud and Control Provisions 611 PROTOCOLS Protocol I - concerning the definition of the concept of "Originating Products" and methods of administrative co-operation 612 Annex I to Protocol I Introductory notes to the list in Annex II to Protocol II 628 Annex II to Protocol I List of working or processing required to be carried out on non-originating materials in order to obtain originating status 634 Annex III to Protocol I Specimens of movement certificate EUR.1 and application for a movement certificate EUR Annex IV to Protocol I Text of the origin declaration 731 Protocol II - on Mutual Administrative Assistance in Customs Matters 736 Protocol III - on a Framework Agreement between the European Union and Georgia on the General Principles for the Participation of Georgia in Union Programmes 741 Protocol IV Definitions 742 8

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