21999A0728(02)
Partnership and Cooperation Agreement between the European
Communities and their Member States and the Republic of Kazakhstan -
Protocol on mutual assistance between authorities in customs matters
- Final Act - Joint Declarations - Exchange of Letters in relation
to the establishment of companies - Declaration of the French
Government
Dates:
OF DOCUMENT: 23/01/1995
OF EFFECT: 01/07/1999; ENTRY INTO FORCE SEE ART 99.2 AND OJ
L 248/99 P. 35
OF SIGNATURE: 23/01/1995; BRUSSELS
OF END OF VALIDITY: 99/99/9999
Authentic language: THE OFFICIAL LANGUAGES ; GERMAN ; ENGLISH ;
DANISH ; SPANISH ; FRENCH ; FINNISH ; SWEDISH ; ITALIAN ; GREEK ;
DUTCH ; PORTUGUESE ; OTHER THAN COMMUNITY LANGUAGE ; KAZAKH
Author:
EUROPEAN COMMUNITY ; EUROPEAN COAL AND STEEL COMMUNITY ; EUROPEAN
ATOMIC ENERGY COMMUNITY ; THE 15 MEMBER STATES ; BELGIUM ; DENMARK ;
FEDERAL REPUBLIC OF GERMANY ; GREECE ; SPAIN ; FRANCE ; IRELAND ;
ITALY ; NETHERLANDS ; LUXEMBOURG ; PORTUGAL ; UNITED KINGDOM ;
FINLAND ; AUSTRIA ; SWEDEN
Subject matter: EXTERNAL RELATIONS ; COOPERATION ; PROVISIONS
IMPLEMENTING ARTICLE 95 - ECSC ; PROVISIONS UNDER ARTICLE 235 EEC
Directory code: 11406000
EUROVOC descriptor: EC cooperation agreement ; Kazakhstan ; ECSC ;
EAEC ; EC trade agreement ; customs duties
Legal basis:
192E054-P2................ ADOPTION
192E057-P2................ ADOPTION
192E066................... ADOPTION
192E073C-P2............... ADOPTION
192E075................... ADOPTION
192E084-P2................ ADOPTION
192E099................... ADOPTION
192E100................... ADOPTION
192E113................... ADOPTION
192E235................... ADOPTION
192E228-P2F2.............. ADOPTION
192E228-P3L2.............. ADOPTION
151K095................... ADOPTION
157A101-L2................ ADOPTION
Instruments cited:
294A1231(52)..............
294A1223(03)..............
294A1223(16)..............
185I077...................
185I081...................
185I244...................
185I249...................
185I280...................
396R1279..................
Amendment to:
290A0315(01)......AMENDMENT..... PARTIAL REPLACEMENT FR 1/7/99
Amended by:
ADOPTED-BY.... 399D0490..........
PARTNERSHIP AND COOPERATION AGREEMENT
between the European Communities and their Member States and the
Republic of Kazakhstan
THE KINGDOM OF BELGIUM,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
IRELAND,
THE ITALIAN REPUBLIC,
THE GRAND DUCHY OF LUXEMBOURG,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE PORTUGUESE REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty establishing the European
Community, the Treaty establishing the European Coal and Steel
Community, and the Treaty establishing the European Atomic Energy
Community,
hereinafter referred to as "Member States", and
THE EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL COMMUNITY, AND
THE EUROPEAN ATOMIC ENERGY COMMUNITY,
hereinafter referred to as "the Community",
of the one part,
AND THE REPUBLIC OF KAZAKHSTAN
of the other part,
CONSIDERING the links between the Community, its Member States and
the Republic of Kazakhstan and the common values that they share,
RECOGNISING that the Community and the Republic of Kazakhstan wish
to strengthen these links and to establish partnership and
cooperation which would strengthen and widen the relations
established in the past in particular by the Agreement between the
European Economic Community and the European Atomic Energy Community
and the Union of Soviet Socialist Republics on Trade and Commercial
and Economic Cooperation, signed on 18 December 1989,
CONSIDERING the commitment of the Community and its Member States
and of the Republic of Kazakhstan to strengthening the political and
economic freedoms which constitute the very basis of the
partnership,
CONSIDERING the commitment of the Parties to promote international
peace and security as well as the peaceful settlement of disputes
and to cooperate to this end in the framework of the United Nations
and the Conference on Security and Cooperation in Europe,
CONSIDERING the firm commitment of the Community and its Member
States and of the Republic of Kazakhstan to the full implementation
of all principles and provisions contained in the Final Act of the
Conference on Security and Cooperation in Europe (CSCE), the
Concluding Documents of the Madrid and Vienna Follow-Up Meetings,
the Document of the CSCE Bonn Conference on Economic Cooperation,
the Charter of Paris for a New Europe and the CSCE Helsinki Document
1992 "The Challenges of Change",
CONFIRMING the attachment of the Community and its Member States and
of the Republic of Kazakhstan to the European Energy Charter,
CONVINCED of the paramount importance of the rule of law and respect
for human rights, particularly those of minorities, the
establishment of a multiparty system with free and democratic
elections and economic liberalisation aimed at setting up a market
economy,
BELIEVING that full implementation of this Partnership and
Cooperation Agreement will both depend on and contribute to
continuation and accomplishment of the political, economic and legal
reforms in the Republic of Kazakhstan, as well as the introduction
of the factors necessary for cooperation, notably in the light of
the conclusions of the CSCE Bonn Conference,
DESIROUS of encouraging the process of regional cooperation in the
areas covered by this agreement with neighbouring countries in order
to promote the prosperity and stability of the region,
DESIROUS of establishing and developing regular political dialogue
on bilateral and international issues of mutual interest,
TAKING ACCOUNT of the Community's willingness to provide for
economic cooperation and technical assistance as appropriate,
BEARING IN MIND the economic and social disparities between the
Community and the Republic of Kazakhstan,
RECOGNISING that one of the major aims of this Agreement should be
to facilitate the elimination of these disparities through Community
assistance to the development and restructuring of the Kazakh
economy,
BEARING IN MIND the utility of the Agreement in favouring a gradual
rapprochement between the Republic of Kazakhstan and a wider area of
cooperation in Europe and neighbouring regions and its progressive
integration into the open international system,
CONSIDERING the commitment of the Parties to liberalise trade, based
on the principles contained in the General Agreement on Tariffs and
Trade (GATT),
CONSCIOUS of the need to improve conditions affecting business and
investment, and conditions in areas such as the establishment of
companies, labour, provision of services and capital movements, and
of the desirability of moving towards granting of national treatment
for each others companies,
CONVINCED that this Agreement will create a new climate for economic
relations between the Parties and in particular for the development
of trade and investment, which are essential to economic
restructuring and technological modernisation,
DESIROUS of establishing close cooperation in the area of
environment protection taking into account the interdependence
existing between the Parties in this field,
DESIROUS to establish a close cooperation in particular in the area
of energy and civil nuclear safety,
BEARING IN MIND the intention of the Parties to develop their
cooperation in the field of space research in view of the
complementarity of their activities in this area,
DESIROUS of establishing cultural cooperation and improving the flow
of information,
HAVE AGREED AS FOLLOWS:
Article 1
A Partnership is hereby established between the Community and its
Member States of the one part, and the Republic of Kazakhstan of the
other part. The objectives of this partnership are:
- to provide an appropriate framework for the political dialogue
between the Parties allowing the development of political relations,
- to promote trade and investment and harmonious economic relations
between the Parties and so to foster their sustainable economic
development,
- to provide a basis for legislative, economic, social, financial,
civil, scientific, technological and cultural cooperation,
- to support Kazakh efforts to consolidate its democracy and to
develop its economy and to complete the transition into a market
economy.
TITLE I
GENERAL PRINCIPLES
Article 2
Respect for democracy, principles of international law and human
rights as defined in particular in the United Nations Charter, the
Helsinki Final Act and the Charter of Paris for a New Europe, as
well as the principles of market economy, including those enunciated
in the documents of the CSCE Bonn Conference, underpin the internal
and external policies of the Parties and constitute an essential
element of partnership and of this Agreement.
Article 3
The Parties consider that it is essential for the future prosperity
and stability of the region of the former Soviet Union that the
newly independent states which have emerged from the dissolution of
the Union of Soviet Socialist Republics, hereinafter called
"Independent States", should maintain and develop cooperation among
themselves in compliance with the principles of the Helsinki Final
Act and with international law and spirit of good neighbourly
relations and will make every effort to encourage this process.
TITLE II
POLITICAL DIALOGUE
Article 4
A regular political dialogue shall be established between the
Parties which they intend to develop and intensify. It shall
accompany and consolidate the rapprochement between the Community
and the Republic of Kazakhstan, support the political and economic
changes underway in that country and contribute to the establishment
of new forms of cooperation. The political dialogue:
- will strengthen the links of the Republic of Kazakhstan with the
Community and its Member States, and thus with the community of
democratic nations as a whole. The economic convergence achieved
through this Agreement will lead to more intense political
relations,
- will bring about an increasing convergence of positions on
international issues of mutual concern thus increasing security and
stability.
Article 5
At ministerial level, political dialogue shall take place within the
Cooperation Council established in Article 76 and on other occasions
by mutual agreement.
Article 6
Other procedures and mechanisms for political dialogue shall be set
up by the Parties, and in particular in the following forms:
- regular meetings at senior official level between representatives
of the Community and its Member States on the one hand, and
representatives of the Republic of Kazakhstan on the other hand,
- taking full advantage of diplomatic channels between the parties
including appropriate contacts in the bilateral as well as the
multilateral field such as United Nations, CSCE meetings and
elsewhere,
- any other means, including the possibility of expert meetings
which would contribute to consolidating and developing this
dialogue.
Article 7
Political dialogue at parliamentary level shall take place within
the framework of the Parliamentary Cooperation Committee established
in Article 81.
TITLE III
TRADE IN GOODS
Article 8
1. The Parties shall accord to one another most-favoured-nation
treatment in all areas in respect of:
- customs duties and charges applied to imports and exports,
including the method of collecting such duties and charges,
- provisions relating to customs clearance, transit, warehouses and
transhipment,
- taxes and other internal charges of any kind applied directly or
indirectly to imported goods,
- methods of payment and the transfer of such payments,
- the rules relating to the sale, purchase, transport, distribution
and use of goods on the domestic market.
2. The provisions of paragraph 1 shall not apply to:
(a) advantages granted with the aim of creating a customs union or a
free-trade area or pursuant to the creation of such a union or area;
(b) advantages granted to particular countries in accordance with
the GATT and with other international arrangements in favour of
developing countries;
(c) advantages accorded to adjacent countries in order to facilitate
frontier traffic.
3. The provisions of paragraph 1 shall not apply, during a
transitional period expiring on the date of the Republic of
Kazakhstan acceding to the GATT or on 31 December 1998, whichever is
earlier, to advantages defined in Annex I granted by the Republic of
Kazakhstan to other States which have emerged from the dissolution
of the USSR.
Article 9
1. The Parties agree that the principle of free transit is an
essential condition of attaining the objectives of this Agreement.
In this connection each Party shall secure unrestricted transit via
or through its territory of goods originating in the customs
territory or destined for the customs territory of the other Party.
2. The rules described in Article V, paragraphs 2, 3, 4 and 5 of the
GATT are applicable between the two parties.
3. The rules contained in this Article are without prejudice to any
special rules relating to specific sectors, such as transport, or
products agreed between the Parties.
Article 10
Without prejudice to the rights and obligations stemming from
international conventions on the temporary admission of goods which
bind both Parties, each Party shall furthermore grant the other
Party exemption from import charges and duties on goods admitted
temporarily, in the instances and according to the procedures
stipulated by any other international convention on this matter
binding upon it, in conformity with its legislation. Account shall
be taken of the conditions under which the obligations stemming from
such a convention have been accepted by the Party in question.
Article 11
1. Goods originating in the Republic of Kazakhstan shall be imported
into the Community free of quantitative restrictions without
prejudice to the provisions of Articles 13, 16 and 17 of this
Agreement and to the provisions of Articles 77, 81, 244, 249 and 280
of the Act of Accession of Spain and Portugal to the European
Community.
2. Goods originating in the Community shall be imported into the
Republic of Kazakhstan free of all quantitative restrictions and
measures of equivalent effect without prejudice to Articles 13, 16
and 17 of this agreement.
Article 12
Goods shall be traded between the Parties at market-related prices.
Article 13
1. Where any product is being imported into the territory of one of
the Parties in such increased quantities and under such conditions
as to cause or threaten to cause injury to domestic producers of
like or direct competitive products, the Community or the Republic
of Kazakhstan, whichever is concerned, may take appropriate measures
in accordance with the following procedures and conditions.
2. Before taking any measures, or in cases to which paragraph 4
applies as soon as possible thereafter, the Community or the
Republic of Kazakhstan as the case may be shall supply the
Cooperation Council with all relevant information with a view to
seeking a solution acceptable to both Parties as provided for in
Title IX.
3. If, as a result of the consultations, the Parties do not reach
agreement within 30 days of referral to the Cooperation Council on
actions to avoid the situation, the Party which requested
consultations shall be free to restrict imports of the products
concerned to the extent and for such time as is necessary to prevent
or remedy the injury, or to adopt other appropriate measures.
4. In critical circumstances where delay would cause damage
difficult to repair, the Parties may take the measures before the
consultations, on the condition that consultations shall be offered
immediately after taking such action.
5. In the selection of measures under this Article, the Contracting
Parties shall give priority to those which cause least disturbance
to the achievement of the aims of this Agreement.
6. Nothing in this Article shall prejudice or affect in any way the
taking, by either Party, of anti-dumping or countervailing measures
in accordance with Article VI of the GATT, the Agreement on
implementation of Article VI of the GATT, the Agreement on
interpretation and application of Articles VI, XVI and XXIII of the
GATT or related internal legislation.
Article 14
The Parties undertake to consider development of the provisions in
this Agreement on trade in goods between them, as circumstances
allow, including the situation arising from the accession of the
Republic of Kazakhstan to the GATT. The Cooperation Council may make
recommendations on such developments to the Parties which could be
put into effect, where accepted, by virtue of agreement between the
Parties in accordance with their respective procedures.
Article 15
The Agreement shall not preclude prohibitions or restrictions on
imports, exports or goods in transit justified on grounds of public
morality, public policy or public security; the protection of health
and life of humans, animals or plants; the protection of natural
resources; the protection of national treasures of artistic,
historic or archaeological value or the protection of intellectual,
industrial and commercial property or rules relating to gold and
silver. Such prohibitions or restrictions shall not, however,
constitute a means of arbitrary discrimination or a disguised
restriction on trade between the Parties.
Article 16
This Title shall not apply to trade in textile products falling
under Chapters 50 to 63 of the Combined Nomenclature. Trade in these
products shall be governed by a separate agreement, initialled on 15
October 1993 and applied provisionally since 1 January 1993.
Article 17
1. Trade in products covered by the Treaty establishing the European
Coal and Steel Community shall be governed by the provisions of this
Title, with the exception of Article 11 and upon entry into force,
by the provisions of an agreement on quantitative arrangements
concerning exchanges of ECSC steel products.
2. A contact group on coal and steel matters shall be set up,
comprising representatives of the Community on the one hand, and
representatives of the Republic of Kazakhstan on the other.
The contact group shall exchange, on a regular basis, information on
all coal and steel matters of interest to the Parties.
Article 18
Trade in nuclear materials shall be subject to the provisions of a
specific Agreement to be concluded between the European Atomic
Energy Community and the Republic of Kazakhstan.
TITLE IV
PROVISIONS AFFECTING BUSINESS AND INVESTMENT
CHAPTER I
LABOUR CONDITIONS
Article 19
1. Subject to the laws, conditions and procedures applicable in each
Member State, the Community and the Member States shall endeavour to
ensure that the treatment accorded to nationals of the Republic of
Kazakhstan, legally employed in the territory of a Member State
shall be free from any discrimination based on nationality, as
regards working conditions, remuneration or dismissal, as compared
to its own nationals.
2. Subject to the laws, conditions and procedures applicable in the
Republic of Kazakhstan, the Republic of Kazakhstan shall endeavour
to ensure that the treatment accorded to nationals of a Member
State, legally employed in the territory of the Republic of
Kazakhstan shall be free from any discrimination based on
nationality, as regards working conditions, remuneration or
dismissal, as compared to its own nationals.
Article 20
The Cooperation Council shall examine which joint efforts can be
made to control illegal immigration taking into account the
principle and the practice of readmission.
Article 21
The Cooperation Council shall examine which improvements can be made
in working conditions for business people consistent with the
international commitments of the Parties, including those set out in
the document of the CSCE Bonn Conference.
Article 22
The Cooperation Council shall make recommendations for the
implementation of Articles 19, 20 and 21.
CHAPTER II
CONDITIONS AFFECTING THE ESTABLISHMENT AND OPERATION OF COMPANIES
Article 23
1. (a) The Community and its Member States shall grant for the
establishment of Kazakh companies in their territories treatment no
less favourable than that accorded to companies of any third
country, and this in conformity with their legislation and
regulations.
(b) Without prejudice to the reservations listed in Annex II, the
Community and its Member States shall grant to subsidiaries of
Kazakh companies established in their territories a treatment no
less favourable than that granted to any Community companies, in
respect of their operation, and this in conformity with their
legislation and regulations.
(c) The Community and its Member States shall grant to branches of
Kazakh companies established in their territories a treatment no
less favourable than that accorded to branches of companies of any
third country, in respect of their operation, and this in conformity
with their legislation and regulations.
2. Without prejudice of the provisions of Articles 34 and 85, the
Republic of Kazakhstan shall grant to Community companies and their
branches treatment no less favourable than that accorded to
companies of the Republic of Kazakhstan and their branches or to any
third-country companies and their branches, whichever is the better,
in respect of their establishment and operations, as defined in
Article 25, on its territory and this in conformity with its
legislation and regulations.
Article 24
1. The provisions of Article 23 shall not apply to air transport,
inland waterways transport and maritime transport.
2. However, in respect of activities undertaken by shipping agencies
for the provision of international maritime transport services,
including intermodal activities involving a sea leg, each Party
shall permit to the companies of the other Party their commercial
presence in its territory in the form of subsidiaries or branches,
under conditions of establishment and operation no less favourable
than those accorded to its own companies or to subsidiaries or
branches of companies of any third country, whichever are the
better.
Such activities include, but are not limited to:
(a) marketing and sales of maritime transport and related services
through direct contact with customers, from quotation to invoicing,
whether these services are operated or offered by the service
supplier itself or by service suppliers with which the service
seller has established standing business arrangements;
(b) purchase and use, on their own account or on behalf of their
customers (and to resale to their customers) of any transport and
related services, including inward transport services by any mode,
particularly inland waterways, road and rail, necessary for the
supply of an integrated service;
(c) preparation of documentation concerning transport documents,
customs documents, or other documents related to the origin and
character of the goods transported;
(d) provision of business information by any means, including
computerised information systems and electronic data interchange
(subject to any non-discriminatory restrictions concerning
telecommunications);
(e) setting up of any business arrangement, including participation
in the company's stock and the appointment of personnel recruited
locally (or, in the case of foreign personnel, subject to the
relevant provisions of this Agreement), with any locally established
shipping agency;
(f) acting on behalf of the companies, organising the call of the
ship or taking over cargoes when required.
Article 25
For the purpose of this Agreement:
(a) a "Community company" or a "Kazakh company" respectively shall
mean a company set up in accordance with the laws of a Member State
or of the Republic of Kazakhstan respectively and having its
registered office or central administration, or principal place of
business in the territory of the Community or the Republic of
Kazakhstan respectively. However, should the company be set up in
accordance with the laws of a Member State or the Republic of
Kazakhstan respectively, the company shall be considered a Community
or Kazakh company respectively if its operations possess a real and
continuous link with the economy of one of the Member States or the
Republic of Kazakhstan respectively;
(b) "subsidiary" of a company shall mean a company which is
effectively controlled by the first company;
(c) "branch" of a company shall mean a place of business not having
legal personality which has the appearance of permanency, such as
the extension of a parent body, has a management and is materially
equipped to negotiate business with third parties so that the
latter, although knowing that there will if necessary be a legal
link with the parent body, the head office of which is abroad, do
not have to deal directly with such parent body but may transact
business at the place of business constituting the extension;
(d) "establishment" shall mean the right of Community or Kazakh
companies as referred to in point (a) to take up economic activities
by means of the setting up of subsidiaries and branches in the
Republic of Kazakhstan or in the Community respectively;
(e) "operation" shall mean the pursuit of economic activities;
(f) "economic activities" shall mean activities of an industrial,
commercial and professional character;
(g) With regard to international maritime transport, including
intermodal operations involving a sea leg, nationals of the Member
States or of the Republic of Kazakhstan established outside the
Community or the Republic of Kazakhstan respectively, and shipping
companies established outside the Community or the Republic of
Kazakhstan and controlled by nationals of a Member State or
nationals of the Republic of Kazakhstan respectively, shall also be
beneficiaries of the provisions of this Chapter and Chapter III if
their vessels are registered in that Member State or in the Republic
of Kazakhstan respectively in accordance with their respective
legislation.
Article 26
1. Notwithstanding any other provisions of the Agreement, a Party
shall not be prevented from taking measures for prudential reasons,
including for the protection of investors, depositors, policy
holders or persons to whom a fiduciary duty is owed by a financial
service supplier, or to ensure the integrity and stability of the
financial system. Where such measures do not conform with the
provisions of the Agreement, they shall not be used as a means of
avoiding the obligations of a Party under the Agreement.
2. Nothing in the Agreement shall be construed to require a Party to
disclose information relating to the affairs and accounts of
individual customers or any confidential or proprietary information
in the possession of public entities.
Article 27
The provisions of this Agreement shall not prejudice the application
by each Party of any measure necessary to prevent the circumvention
of its measures concerning third-country access to its market,
through the provisions of this Agreement.
Article 28
1. Notwithstanding the provisions of Chapter I of this Title, a
Community company or a Kazakh company established in the territory
of the Republic of Kazakhstan or the Community respectively shall be
entitled to employ, or have employed by one of its subsidiaries or
branches, in accordance with the legislation in force in the host
country of establishment, in the territory of the Republic of
Kazakhstan and the Community respectively, employees who are
nationals of Community Member States and the Republic of Kazakhstan
respectively, provided that such employees are key personnel as
defined in paragraph 2, and that they are employed exclusively by
companies, or branches. The residence and work permits of such
employees shall only cover the period of such employment.
2. Key personnel of the abovementioned companies herein referred to
as "organisations" are "intra-corporate transferees" as defined in
(c) in the following categories, provided that the organisation is a
legal person and that the persons concerned have been employed by it
or have been partners in it (other than majority shareholders), for
at least the year immediately preceding such movement:
(a) persons working in a senior position with an organisation, who
primarily direct the management of the establishment, receiving
general supervision or direction principally from the board of
directors or stockholders of the business or their equivalent,
including:
- directing the establishment or a department or subdivision of the
establishment,
- supervising and controlling the work of other supervisory,
professional or managerial employees,
- having the authority personally to hire and fire or recommend
hiring, firing or other personnel actions;
(b) persons working within an organisation who possess uncommon
knowledge essential to the establishment's service, research
equipment, techniques or management. The assessment of such
knowledge may reflect, apart from knowledge specific to the
establishment, a high level of qualification referring to a type of
work or trade requiring specific technical knowledge, including
membership of an accredited profession;
(c) an "intra-corporate transferee" is defined as a natural person
working within an organisation in the territory of a Party, and
being temporarily transferred in the context of pursuit of economic
activities in the territory of the other Party; the organisation
concerned must have its principal place of business in the territory
of a Party and the transfer to be an establishment (branch,
subsidiary) of that organisation, effectively pursuing like economic
activities in the territory of the other Party.
Article 29
1. The Parties shall use their best endeavours to avoid taking any
measures or actions which render the conditions for the
establishment and operation of each other's companies more
restrictive than the situation existing on the day preceding the
date of signature of the Agreement.
2. The provisions of this Article are without prejudice to those of
Article 37: the situations covered by such Article 37 shall be
solely governed by its provisions to the exclusion of any other.
3. Acting in the spirit of partnership and cooperation and in the
light of the provisions of Article 43 the Government of the Republic
of Kazakhstan shall inform the Community of its intentions to submit
new legislation or adopt new regulations which may render the
conditions for the establishment or operation in the Republic of
Kazakhstan of subsidiaries and branches of Community companies more
restrictive than the situation existing on the day preceding the
date of signature of the Agreement. The Community may request the
Republic of Kazakhstan to communicate the drafts of such legislation
or regulations and to enter into consultations about those drafts.
4. Where new legislation or regulations introduced in the Republic
of Kazakhstan would result in rendering the conditions for operation
of subsidiaries and branches of Community companies established in
the Republic of Kazakhstan more restrictive than the situation
existing on the day of signature of the Agreement, such legislation
or regulations shall not apply during three years following the
entry into force of the relevant act to those subsidiaries and
branches already established in the Republic of Kazakhstan at the
time of entry into force of the relevant act.
CHAPTER III
CROSS BORDER SUPPLY OF SERVICES BETWEEN THE COMMUNITY AND THE
REPUBLIC OF KAZAKHSTAN
Article 30
1. The Parties undertake in accordance with the provisions of this
Chapter to take the necessary steps to allow progressively the
supply of services by Community or Kazakh companies who are
established in a Party other than that of the person for whom the
services are intended taking into account the development of the
services sectors in the Parties.
2. The Cooperation Council shall make recommendations for the
implementation of paragraph 1.
Article 31
The Parties shall cooperate with the aim of developing a
market-oriented service sector in the Republik of Kazakhstan.
Article 32
1. The Parties undertake to apply effectively the principle of
unrestricted access to the international maritime market and traffic
on a commercial basis:
(a) the above provision does not prejudice the rights and
obligations arising from the United Nations Convention on a Code of
Conduct for Liner Conferences, as applicable to one or other
Contracting Party to this Agreement. Non-conference lines will be
free to operate in competition with a conference line as long as
they adhere to the principle of fair competition on a commercial
basis;
(b) the Parties affirm their commitment to a freely competitive
environment as being an essential feature of the dry and liquid bulk
trade.
2. In applying the principles of paragraph 1, the Parties shall:
(a) not apply, as from entry into force of this agreement, any cargo
sharing provisions of bilateral agreements between any Member States
of the Community and the former Soviet Union;
(b) not introduce cargo sharing clauses into future bilateral
agreements with third countries, other than in those exceptional
circumstances where liner shipping companies from one or other Party
to this Agreement would not otherwise have an effective opportunity
to ply for trade to and from the third country concerned;
(c) prohibit cargo sharing arrangements in future bilateral
agreements concerning dry and liquid bulk trade;
(d) abolish upon entry into force of this Agreement, all unilateral
measures, administrative, technical and other obstacles which could
have restrictive or discriminatory effects on the free supply of
services in international maritime transport.
Each Party shall grant, inter alia, no less favourable treatment,
for the ships operated by nationals or companies of the other Party,
than that accorded to a Party's own ships, with regard to access to
ports open to international trade, the use of infrastructure and
auxiliary maritime services of the ports, as well as related fees
and charges, customs facilities and the assignment of berths and
facilities for loading and unloading.
3. Nationals and companies of the Community providing international
maritime transport services shall be free to provide international
sea-river services in the inland waterways of the Republic of
Kazakhstan and vice versa.
Article 33
With a view to assuring a coordinated development of transport
between the Parties, adapted to their commercial needs, the
conditions of mutual market access and provision of services in
transport by road, rail and inland waterways and, if applicable, in
air transport may be dealt with by specific agreements where
appropriate negotiated between the Parties after entry into force of
this Agreement.
CHAPTER IV
GENERAL PROVISIONS
Article 34
1. The provisions of this Title shall be applied subject to
limitations justified on grounds of public policy, public security
or public health.
2. They shall not apply to activities which in the territory of
either Party are connected, even occasionally, with the exercise of
official authority.
Article 35
For the purpose of this Title, nothing in the Agreement shall
prevent the Parties from applying their laws and regulations
regarding entry and stay, work, labour conditions and establishment
of natural persons and supply of services, provided that, in so
doing, they do not apply them in a manner as to nullify or impair
the benefits accruing to any Party under the terms of a specific
provision of the Agreement. The above provision does not prejudice
the application of Article 34.
Article 36
Companies which are controlled and exclusively owned by Kazakh
companies and Community companies jointly shall also be
beneficiaries of the provisions of Chapters II, III and IV.
Article 37
Treatment granted by either Party to the other hereunder shall, as
from the day one month prior to the date of entry into force of the
relevant obligations of the General Agreement on Trade in Services
(GATS), in respect of sectors or measures covered by the GATS, in no
case be more favourable than that accorded by such first Party under
the provisions of GATS and this in respect of each service sector,
sub-sector and mode of supply.
Article 38
For the purposes of Chapters II, III and IV, no account shall be
taken of treatment accorded by the Community, its Member States or
the Republic of Kazakhstan pursuant to commitments entered into in
economic integration agreements in accordance with the principles of
Article V of GATS.
Article 39
1. The most-favoured-nation treatment granted in accordance with the
provisions of this Title shall not apply to the tax advantages which
the Parties are providing or will provide in the future on the basis
of agreements to avoid double taxation, or other tax arrangements.
2. Nothing in this Title shall be construed to prevent the adoption
or enforcement by the Parties of any measure aimed at preventing the
avoidance or evasion of taxes pursuant to the tax provisions of
agreements to avoid double taxation and other tax arrangements, or
domestic fiscal legislation.
3. Nothing in this Title shall be construed to prevent Member States
or the Republic of Kazakhstan from distinguishing, in the
application of the relevant provisions of their fiscal legislation,
between tax payers who are not in identical situations, in
particular as regards their place of residence.
Article 40
Without prejudice to Article 28, no provision of Chapters II, III
and IV shall be interpreted as giving the right to:
- nationals of the Member States or of the Republic of Kazakhstan
respectively to enter, or stay in, the territory of the Republic of
Kazakhstan or the Community respectively in any capacity whatsoever,
and in particular as a shareholder or partner in a company or
manager or employee thereof or supplier or recipient of services,
- Community subsidiaries or branches of Kazakh companies to employ
or have employed in the territory of the Community nationals of the
Republic of Kazakhstan,
- Kazakh subsidiaries or branches of Community companies to employ
or have employed in the territory of the Republic of Kazakhstan
nationals of the Member States,
- Kazakh companies or Community subsidiaries or branches of Kazakh
companies to supply Kazakh persons to act for and under the control
of other persons by temporary employment contracts,
- Community companies or Kazakh subsidiaries or branches of
Community companies to supply workers who are nationals of the
Member States by temporary employment contracts.
CHAPTER V
CURRENT PAYMENTS AND CAPITAL
Article 41
1. The Parties undertake to authorise in freely convertible
currency, any payments on the current account of balance of payments
between residents of the Community and of the Republic of Kazakhstan
connected with the movement of goods, services or persons made in
accordance with the provisions of this Agreement.
2. With regard to transactions on the capital account of balance of
payments, from entry into force of this Agreement, the free movement
of capital relating to direct investments made in companies formed
in accordance with the laws of the host country and investments made
in accordance with the provisions of Chapter II, and the liquidation
or repatriation of these investments and of any profit stemming
therefrom shall be ensured.
3. Without prejudice to paragraph 2 or to paragraph 5, as from entry
into force of this Agreement, no new foreign exchange restrictions
on the movement of capital and current payments connected therewith
between residents of the Community and the Republic of Kazakhstan
shall be introduced and the existing arrangements shall not become
more restrictive.
4. The Parties shall consult each other with a view to facilitating
the movement of forms of capital other than those referred to in
paragraph 2 between the Community and the Republic of Kazakhstan in
order to promote the objectives of this Agreement.
5. With reference to the provisions of this Article, until a full
convertibility of the Kazakh currency within the meaning of Article
VIII of the Articles of Agreement of the International Monetary Fund
(IMF) is introduced, the Republic of Kazakhstan may in exceptional
circumstances apply exchange restrictions connected with the
granting or taking up of short and medium-term financial credits to
the extent that such restrictions are imposed on the Republic of
Kazakhstan for the granting of such credits and are permitted
according to the Republic of Kazakhstan's status under the IMF. The
Republic of Kazakhstan shall apply these restrictions in a
non-discriminatory manner. They shall be applied in such a manner as
to cause the least possible disruption to this Agreement. The
Republic of Kazakhstan shall inform the Cooperation Council promptly
of the introduction of such measures and of any changes therein.
6. Without prejudice to paragraphs 1 and 2, where, in exceptional
circumstances, movements of capital between the Community and the
Republic of Kazakhstan cause, or threaten to cause, serious
difficulties for the operation of exchange rate policy or monetary
policy in the Community or the Republic of Kazakhstan, the Community
and the Republic of Kazakhstan, respectively, may take safeguard
measures with regard to movements of capital between the Community
and the Republic of Kazakhstan for a period not exceeding six months
if such measures are strictly necessary.
CHAPTER VI
INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY PROTECTION
Article 42
1. Pursuant to the provisions of this Article and of Annex III, the
Republic of Kazakhstan shall continue to improve the protection of
intellectual, industrial and commercial property rights in order to
provide, by the end of the fifth year after the entry into force of
the Agreement, for a level of protection similar to that existing in
the Community, including effective means of enforcing such rights.
2. By the end of the fifth year after entry into force of the
Agreement, the Republic of Kazakhstan shall accede to the
multilateral conventions on intellectual, industrial and commercial
property rights referred to in paragraph 1 of Annex III to which
Member States are parties or which are de facto applied by Member
States, according to the relevant provisions contained in these
conventions.
TITLE V
LEGISLATIVE COOPERATION
Article 43
1. The Parties recognise that an important condition for
strengthening the economic links between the Republic of Kazakhstan
and the Community is the approximation of the Republic of
Kazakhstan's existing and future legislation to that of the
Community. The Republic of Kazakhstan shall endeavour to ensure that
its legislation will be gradually made compatible with that of the
Community.
2. The approximation of laws shall extend to the following areas in
particular: customs law, company law, banking law, company accounts
and taxes, intellectual property, protection of workers at the
workplace, financial services, rules on competition including any
related issues and practices affecting trade, public procurement,
protection of health and life of humans, animals and plants, the
environment, consumer protection, indirect taxation, technical rules
and standards, nuclear laws and regulations, transport.
3. The Community shall provide the Republic of Kazakhstan with
technical assistance for the implementation of these measures, which
may include, inter alia:
- the exchange of experts,
- the provision of early information especially on relevant
legislation,
- organisation of seminars,
- training activities,
- aid for translation of Community legislation in the relevant
sectors.
4. The Parties agree to examine ways to apply their respective
competition laws on a concerted basis in such cases where trade
between them is affected.
TITLE VI
ECONOMIC COOPERATION
Article 44
1. The Community and the Republic of Kazakhstan shall establish
economic cooperation aimed at contributing to the process of
economic reform and recovery and sustainable development of the
Republic of Kazakhstan. Such cooperation shall strengthen existing
economic links, to the benefit of both Parties.
2. Policies and other measures will be designed to bring about
economic and social reforms and restructuring of the economic system
in the Republic of Kazakhstan and will be guided by the requirements
of sustainability and harmonious social development; they will also
fully incorporate environmental considerations.
3. To this end the cooperation will concentrate, in particular, on
economic and social development, human resources development,
support for enterprises (including privatisation, investment and
development of financial services), agriculture and food, energy and
civil nuclear safety, transport, tourism, environmental protection
and regional cooperation.
4. Special attention shall be devoted to measures capable of
fostering cooperation between the Independent States with a view to
stimulating a harmonious development of the region.
5. Where appropriate, economic cooperation and other forms of
cooperation provided for in this Agreement may be supported by
technical assistance from the Community, taking into account the
Community's relevant Council regulation applicable to technical
assistance in the Independent States, the priorities agreed upon in
the indicative programme related to Community technical assistance
to the Republic of Kazakhstan and its established coordination and
implementation procedures.
Article 45
Industrial cooperation
1. Cooperation shall aim at promoting the following in particular:
- the development of business links between economic operators of
both sides,
- Community participation in Kazakhstan's efforts to restructure its
industry,
- the improvement of management,
- the improvement of the quality of industrial products,
- the development of efficient production and processing capacity in
the raw materials sector,
- the development of appropriate commercial rules and practices
including product marketing,
- environmental protection,
- defence conversion.
2. The provisions of this Article shall not affect the enforcement
of Community competition rules applicable to undertakings.
Article 46
Investment promotion and protection
1. Bearing in mind the respective powers and competences of the
Community and the Member States, cooperation shall aim to establish
a favourable climate for private investment, both domestic and
foreign, especially through better conditions for investment
protection, the transfer of capital and the exchange of information
on investment opportunities.
2. The aims of cooperation shall be in particular:
- the conclusion, where appropriate, between the Member States and
the Republic of Kazakhstan of agreements for the promotion and
protection of investment,
- the conclusion, where appropriate, between the Member States and
the Republic of Kazakhstan of agreements to avoid double taxation,
- the creation of favourable conditions for attracting foreign
investments into the Kazakh economy,
- to establish stable and adequate business law and conditions, and
to exchange information on laws, regulations and administrative
practices in the field of investment,
- to exchange information on investment opportunities in the form
of, inter alia, trade fairs, exhibitions, trade weeks and other
events.
Article 47
Public procurement
The Parties shall cooperate to develop conditions for open and
competitive award of contracts for goods and services in particular
through calls for tenders.
Article 48
Cooperation in the field of standards and conformity assessment
1. Cooperation between the Parties shall promote alignment with
internationally agreed criteria, principles and guidelines followed
in the field of quality. The required actions will facilitate
progress towards mutual recognition in the field of conformity
assessment, as well as the improvement of Kazakh product quality.
2. To this end they shall seek to cooperate in technical assistance
projects which will:
- promote appropriate cooperation with organizations and
institutions specialised in these fields,
- promote the use of Community technical regulations and the
application of European standards and conformity assessment
procedures,
- permit the sharing of experience and technical information in the
field of quality management.
Article 49
Mining and raw materials
2. The cooperation shall focus in particular on the following areas:
- exchange of information on the prospects of the mining and
non-ferrous metals sectors,
- the establishment of a legal framework for cooperation,
- trade matters,
- the adoption and implementation of environmental legislation,
- training,
- safety in the mining industry.
Article 50
Cooperation in science and technology
1. The Parties shall promote cooperation in civil scientific
research and technological development (RTD) on the basis of mutual
benefit and, taking into account the availability of resources,
adequate access to their respective programmes and subject to
appropriate levels of effective protection of intellectual,
industrial and commercial property rights (IPR).
2. Science and technology cooperation shall cover:
- the exchange of scientific and technical information,
- joint RTD activities,
- training activities and mobility programmes for scientists,
researchers and technicians engaged in RTD in both sides.
Where such cooperation takes the form of activities involving
education and/or training, it should be carried out in accordance
with the provisions of Article 51.
The Parties, on the basis of mutual agreement, can engage in other
forms of cooperation in science and technology.
In carrying out such cooperation activities, special attention shall
be devoted to the redeployment of scientists, engineers, researchers
and technicians which are or have been engaged in research on/and
production of weapons of mass destruction.
3. The cooperation covered by this Article shall be implemented
according to specific arrangements to be negotiated and concluded in
accordance with the procedures adopted by each Party, and which
shall set out, inter alia, appropriate IPR provisions.
Article 51
Education and training
1. The Parties shall cooperate with the aim of raising the level of
general education and professional qualifications in the Republic of
Kazakhstan, both in the public and private sectors.
2. The cooperation shall focus in particular on the following areas:
- updating higher education and training systems in the Republic of
Kazakhstan including the system of certification of higher
educational establishments and diplomas of higher education,
- the training of public and private sector executives and civil
servants in priority areas to be determined,
- cooperation between educational establishments and between
educational establishments and firms,
- mobility for teachers, graduates, administrators, young scientists
and researchers, and young people,
- promoting teaching in the field of European studies within the
appropriate institutions,
- teaching Community languages,
- post-graduate training of conference interpreters,
- training of journalists,
- training of trainers.
3. The possible participation of one Party in the respective
programmes in the field of education and training of the other Party
could be considered in accordance with their respective procedures
and, where appropriate, institutional frameworks and plans of
cooperation will then be established building on participation of
the Republic of Kazakhstan in the Community's Tempus programme.
Article 52
Agriculture and the agro-industrial sector
The purpose of cooperation in this area shall be the pursuance of
agrarian reform, the modernisation, privatisation and restructuring
of agriculture, the agro-industrial and services sectors in the
Republic of Kazakhstan, development of domestic and foreign markets
for the Kazakh products, in conditions that ensure the protection of
the environment, taking into account the necessity to improve
security of food supply as well as the development of agri-business,
the processing and distribution of agricultural products. The
Parties shall also aim at the gradual approximation of Kazakh
standards to Community technical regulations concerning industrial
and agricultural food products including sanitary and phytosanitary
standards.
Article 53
Energy
1. Cooperation shall take place within the principles of the market
economy and the European Energy Charter, against a background of the
progressive integration of the energy markets in Europe.
2. The cooperation shall include among others the following areas:
- the environmental impact of energy production supply and
consumption, in order to prevent or minimise the environmental
damage resulting from these activities,- improvement of the quality and security of energy supply,
including diversification of supply, in an economic and
environmentally sound manner,
- formulation of energy policy,
- improvement in management and regulation of the energy sector in
line with a market economy,
- the introduction of the range of institutional, legal, fiscal and
other conditions necessary to encourage increased energy trade and
investment,
- promotion of energy saving and energy effectiveness,
- modernisation of energy infrastructure,
- improvement of energy technologies in supply and end use across
the range of energy types,
- management and technical training in the energy sector,
- security in energy supply, transportation and transit of energy
and energy materials.
Article 54
Environment
1. Bearing in mind the European Energy Charter, the Parties shall
develop and strengthen their cooperation on environment and human
health.
2. Cooperation shall aim at combating the deterioration of the
environment and in particular:
- effective monitoring of pollution levels and assessment of
environment; system of information on the state of the environment,
- combating local, regional and transboundary air and water
pollution,
- ecological restoration,
- sustainable, efficient and environmentally effective production
and use of energy,
- safety of industrial plants,
- classification and safe handling of chemicals,
- water quality,
- waste reduction, recycling and safe disposal, implementation of
the Basle Convention,
- the environmental impact of agriculture, soil erosion, and
chemical pollution,
- the protection of forests,
- the conservation of biodiversity, protected areas and sustainable
use and management of biological resources,
- land-use planning, including construction and urban planning,
- use of economic and fiscal instruments,
- global climate change,
- environmental education and awareness,
- implementation of the Espoo Convention on Environmental Impact
Assessment in a transboundary context.
3. Cooperation shall take place particularly through:
- disaster planning and other emergency situations,
- exchange of information and experts, including information and
experts dealing with the transfer of clean technologies and the safe
and environmentally sound use of biotechnologies,
- joint research activities,
- improvement of laws towards Community standards,
- cooperation at regional level, including cooperation within the
framework of the European Environment Agency, and at international
level,
- development of strategies, particularly with regard to global and
climatic issues and also in view of achieving sustainable
development,
- environmental impact studies.
Article 55
Transport
The Parties shall develop and strengthen their cooperation in the
field of transport.
This cooperation shall, inter alia, aim at restructuring and
modernising transport systems and networks in the Republik of
Kazakhstan, and developing and ensuring, where appropriate,
compatibility of transportation systems in the context of achieving
a more global transport system.
The cooperation shall include, inter alia:
- the modernising of management and operations of road transport,
railways, ports and airports,
- modernisation and development of railways, waterways, roads,
ports, airports and air navigation infrastructure including the
modernisation of major routes of common interest and the
trans-European links for the above modes,
- promotion and development of multi-modal transport,
- the promotion of joint research and development programmes,
- preparation of the legislative and institutional framework for
policy development and implementation including privatisation of the
transport sector.
Article 56
Space
Bearing in mind the respective competencies of the Community, its
Member States and the European Space Agency the Parties shall
promote where appropriate long-term cooperation in the areas of
civil space research, development and commercial applications. The
Parties will pay particular attention to initiatives making full use
of the complementarity of their respective space activities.
Article 57
Postal services and telecommunications
Within their respective powers and competencies the Parties shall
expand and strengthen cooperation in the following areas:
- the establishment of policies and guidelines for the development
of the telecommunications sector and postal services,
- development of principles of a tariff policy and marketing in
telecommunications and postal services,
- encouraging the development of projects for telecommunications and
postal services and attracting investment,
- enhancing efficiency and quality of the provision of
telecommunications and postal services, amongst others through
liberalisation of activities of sub-sectors,
- advanced application of telecommunications, notably in the area of
electronic funds transfer,
- management of telecommunications networks and their
"optimisation",
- an appropriate regulatory basis for the provision of
telecommunication and postal services and for the use of the radio
frequency spectrum,
- training in the field of telecommunications and postal services
for operations in market conditions.
Article 58
Financial services
Cooperation shall in particular aim at facilitating the involvement
of the Republic of Kazakhstan in universally accepted systems of
mutual settlements. Technical assistance shall focus on:
- the development of banking and financial services, the development
of a common market of credit resources, the involvement of the
Republic of Kazakhstan in a universally accepted system of mutual
settlements,
- the development of the fiscal system, fiscal institutions in the
Republic of Kazakhstan and the exchange of experience and personnel
training in fiscal matters,
- the development of insurance services, which would, inter alia,
create a favourable framework for Community companies participation
in the establishment of joint ventures in the insurance sector in
the Republic of Kazakhstan, as well as the development of export
credit insurance.
This cooperation shall in particular contribute to foster the
development of relations between the Republic of Kazakhstan and the
Member States in the financial services sector.
Article 59
Money laundering
1. The Parties agree on the necessity of making efforts and
cooperating in order to prevent the use of their financial systems
for laundering of proceeds from criminal activities in general and
drug offences in particular.
2. Cooperation in this area shall include administrative and
technical assistance with the purpose of establishing suitable
standards against money laundering equivalent to those adopted by
the Community and international forums in this field, including the
Financial Action Task Force (FATF).
Article 60
Regional development
2. To this end, they shall encourage exchange of information by
national, regional and local authorities on regional and land-use
planning policy and on methods of formulation of regional policies
with special emphasis on the development of disadvantaged areas.
They shall also encourage direct contacts between the respective
regions and public organisations responsible for regional
development planning with the aim, inter alia, to exchange methods
and ways of fostering regional development.
Article 61
Social cooperation
1. With regard to health and safety, the parties shall develop
cooperation between them with the aim of improving the level of
protection of the health and safety of workers.
The cooperation shall include notably:
- education and training on health and safety issues with specific
attention to high risk sectors of activity,
- development and promotion of preventive measures to combat
work-related diseases and other work related ailments,
- prevention of major accident hazards and the management of toxic
chemicals,
- research to develop the knowledge base in relation to working
environment and the health and safety of workers.
2. With regard to employment, the cooperation shall include notably
technical assistance to:
- optimisation of the labour market,
- modernisation of the job-finding and consulting services,
- planning and management of the restructuring programmes,
- encouragement of local employment development,
- exchange of information on the programmes of flexible employment,
including those stimulating self-employment and promoting
entrepreneurship.
3. The Parties shall pay special attention to cooperation in the
sphere of social protection which, inter alia, shall include
cooperation in planning and implementing social protection reforms
in the Republic of Kazakhstan.
These reforms shall aim to develop in the Republic of Kazakhstan
methods of protection intrinsic to market economies and shall
comprise all directions of social protection.
Article 62
Tourism
The Parties shall increase and develop cooperation between them,
which shall include:
- facilitating the tourist trade,
- increasing the flow of information,
- transferring know-how,
- studying the opportunities for joint operations,
- cooperation between official tourism bodies,
- training for tourism development.
Article 63
Small and medium-sized enterprises
1. The Parties shall aim to develop and strengthen small and
medium-sized enterprises and their associations and cooperation
between SMEs in the Community and the Republic of Kazakhstan.
2. Cooperation shall include technical assistance, in particular in
the following areas:
- the development of a legislative framework for SMEs,
- the development of an appropriate infrastructure (an agency to
support SMEs communications, assistance to the creation of a fund
for SMEs),
- the development of technology parks.
Article 64
Information and communication
The Parties shall support the development of modern methods of
information handling, including the media, and stimulate the
effective mutual exchange of information. Priority shall be given to
programmes aimed at providing the general public with basic
information about the Community and the Republic of Kazakhstan,
including, where possible, access to databases, in full respect of
intellectual property rights.
Article 65
Consumer protection
The Parties will enter into close cooperation aimed at achieving
compatibility between their systems of consumer protection. This
cooperation may include the exchange of information on legislative
work and institutional reform, the establishment of permanent
systems of mutual information on dangerous products, the improvement
of information provided to consumers especially on prices,
characteristics of products and services offered, the development of
exchanges between the consumer interest representatives, and
increasing the compatibility of consumer protection policies, and
the organisation of seminars and training periods.
Article 66
Customs
1. The aim of cooperation shall be to guarantee compliance with all
the provisions scheduled for adoption in connection with trade and
fair trade and to achieve the approximation of the Republic of
Kazakhstan's customs system to that of the Community.
2. Cooperation shall include the following in particular:
- the exchange of information,
- the improvement of working methods,
- the introduction of the Combined Nomenclature and the single
administrative document,
- the interconnection between the transit systems of the Community
and the Republic of Kazakhstan,
- the simplification of inspections and formalities in respect of
the carriage of goods,
- the support in the introduction of modern customs information
systems,
- the organisation of seminars and training periods.
Technical assistance shall be provided where necessary.
3. Without prejudice to further cooperation foreseen in this
agreement and in particular Article 69 the mutual assistance between
administrative authorities in customs matters of the Parties shall
take place in accordance with the provisions of the Protocol
attached to this Agreement.
Article 67
Statistical cooperation
Cooperation in this area shall have as its aim the development of an
efficient statistical system to provide the reliable statistics
needed to support and monitor the process of economic reform and
contribute to the development of private enterprise in the Republic
of Kazakhstan.
The Parties, in particular, shall cooperate in the following fields:
- adaptation of the Kazakh statistical system to international
methods, standards and classification,
- exchange of statistical information,
- provision of necessary statistical macro and microeconomic
information to implement and manage economic reforms.
The Community shall contribute to this end by rendering technical
assistance to the Republic of Kazakhstan.
Article 68
Economics
The Parties shall facilitate the process of economic reform and the
coordination of economic policies by cooperating to improve
understanding of the fundamentals of their respective economies and
the design and implementation of economic policy in market
economies. To this end, the Parties shall exchange information on
macroeconomic performance and prospects.
The Community shall provide technical assistance so as to:
- assist the Republic of Kazakhstan in the process of economic
reform by providing expert advisory and technical assistance,
- encourage cooperation among economists in order to expedite the
transfer of know-how for the drafting of economic policies, and
provide for wide dissemination of policy-relevant research.
Article 69
Drugs
Within the framework of their respective powers and competencies the
Parties shall cooperate in increasing the effectiveness and
efficiency of policies and measures to counter the illicit
production, supply and traffic of narcotic drugs and psychotropic
substances, including the prevention of diversion of precursor
chemicals, as well as in promoting drug demand prevention and
reduction. The cooperation in this area shall be based on mutual
consultation and close coordination between the Parties over the
objectives and measures on the various drug-related fields.
Article 70
Cooperation on prevention of illegal activities
The Parties shall establish cooperation aimed at preventing illegal
activities such as:
- illegal immigration and illegal presence of physical persons of
their nationality on their respective territories, taking into
account the principle and practice of readmission,
- illegal activities in the sphere of economics, including
corruption,
- illegal transactions of various goods, including industrial waste,
- counterfeiting,
- the illicit traffic of narcotic drugs, psychotropic substances and
arms.
The cooperation in the abovementioned areas will be based on mutual
consultations and close interactions and will provide technical and
administrative assistance including:
- drafting of national legislation in the sphere of preventing
illegal activities,
- creation of information centres,
- increasing the efficiency of institutions engaged in preventing
illegal activities,
- training of personnel and development of research infrastructures,
- elaboration of mutually acceptable measures aimed at impeding
illegal activities.
TITLE VII
CULTURAL COOPERATION
Article 71
The Parties undertake to promote, encourage and facilitate cultural
cooperation. Where appropriate, the Community's cultural cooperation
programmes or those of one or more Member States may be the subject
of cooperation and further activities of mutual interest may be
developed.
TITLE VIII
FINANCIAL COOPERATION
Article 72
In order to achieve the objectives of this Agreement and in
accordance with Articles 73, 74 and 75 the Republic of Kazakhstan
shall benefit from temporary financial assistance from the Community
by way of technical assistance in the form of grants to accelerate
the economic transformation of the Republic of Kazakhstan.
Article 73
This financial assistance shall be covered within the framework of
TACIS as foreseen in the Community's relevant Council Regulation.
Article 74
The objectives and the areas of the Community's financial assistance
shall be laid down in an indicative programme reflecting established
priorities to be agreed between the two Parties taking into account
the Republic of Kazakhstan's needs, sectoral absorption capacities
and progress with reform. The Parties shall inform the Cooperation
Council thereof.
Article 75
In order to permit optimum use of the resources available, the
Parties shall ensure that Community technical assistance
contributions are made in close coordination with those from other
sources such as the Member States, other countries, and
international organisations such as the International Bank for
Reconstruction and Development and the European Bank for
Reconstruction and Development.
TITLE IX
INSTITUTIONAL, GENERAL AND FINAL PROVISIONS
Article 76
A Cooperation Council is hereby established which shall supervise
the implementation of this Agreement. It shall meet at ministerial
level once a year. It shall examine any major issues arising within
the framework of the Agreement and any other bilateral or
international issues of mutual interest for the purpose of attaining
the objectives of this Agreement. The Cooperation Council may also
make appropriate recommendations, by agreement between the two
Parties.
Article 77
1. The Cooperation Council shall consist of the members of the
Council of the European Union and members of the Commission of the
European Communities, on the one hand, and of members of the
Government of the Republic of Kazakhstan, on the other.
3. The office of President of the Cooperation Council shall be held
alternately by a representative of the Community and by a member of
the Government of the Republic of Kazakhstan.
Article 78
1. The Cooperation Council shall be assisted in the performance of
its duties by a Cooperation Committee composed of representatives of
the members of the Council of the European Union and of members of
the Commission of the European Communities on the one hand and of
representatives of the Government of the Republic of Kazakhstan on
the other, normally at senior civil servant level. The office of
President of the Cooperation Committee shall be held alternately by
the Community and by the Republic of Kazakhstan.
In its rules of procedure the Cooperation Council shall determine
the duties of the Cooperation Committee, which shall include the
preparation of meetings of the Cooperation Council, and how the
committee shall function.
2. The Cooperation Council may delegate any of its powers to the
Cooperation Committee, which will ensure continuity between meetings
of the Cooperation Council.
Article 79
The Cooperation Council may decide to set up any other special
committee or body that can assist it in carrying out its duties and
shall determine the composition and duties of such committees or
bodies and how they shall function.
Article 80
When examining any issue arising within the framework of this
Agreement in relation to a provision referring to an Article of the
GATT, the Cooperation Council shall take into account to the
greatest extent possible the interpretation that is generally given
to the Article of the GATT in question by the Contracting Parties to
the GATT.
Article 81
A Parliamentary Cooperation Committee is hereby established. It
shall be a forum for Members of the Kazakh Parliament and the
European Parliament to meet and exchange views. It shall meet at
intervals which it shall itself determine.
Article 82
1. The Parliamentary Cooperation Committee shall consist of members
of the European Parliament, on the one hand, and of members of the
Kazakh Parliament, on the other.
3. The Parliamentary Cooperation Committee shall be presided in turn
by the European Parliament and the Kazakh Parliament respectively,
in accordance with the provisions to be laid down in its rules of
procedure.
Article 83
The Parliamentary Cooperation Committee may request relevant
information regarding the implementation of this Agreement from the
Cooperation Council, which shall then supply the Committee with the
requested information.
The Parliamentary Cooperation Committee shall be informed of the
recommendations of the Cooperation Council.
The Parliamentary Cooperation Committee may make recommendations to
the Cooperation Council.
Article 84
1. Within the scope of this Agreement, each Party undertakes to
ensure that natural and legal persons of the other Party have access
free of discrimination in relation to its own nationals to the
competent courts and administrative organs of the Parties to defend
their individual rights and their property rights, including those
concerning intellectual, industrial and commercial property.
2. Within the limits of their respective powers and competences, the
Parties:
- shall encourage the adoption of arbitration for the settlement of
disputes arising out of commercial and cooperation transactions
concluded by economic operators of the Community and those of the
Republic of Kazakhstan,
- agree that where a dispute is submitted to arbitration, each party
to the dispute may, except where the rules of the arbitration centre
chosen by the parties provide otherwise, choose its own arbitrator,
irrespective of his nationality, and that the presiding third
arbitrator or the sole arbitrator may be a citizen of a third State,
- will recommend their economic operators to choose by mutual
consent the law applicable to their contracts,
- shall encourage recourse to the arbitration rules elaborated by
the United Nations Commission on International Trade Law (Uncitral)
and to arbitration by any centre of a State signatory to the
Convention on Recognition and Enforcement of Foreign Arbitral Awards
done at New York on 10 June 1958.
Article 85
Nothing in the Agreement shall prevent a Party from taking any
measures:
(a) which it considers necessary to prevent the disclosure of
information contrary to its essential security interests;
(b) which relate to the production of, or trade in arms, munitions
or war materials or to research, development or production
indispensable for defence purposes, provided that such measures do
not impair the conditions of competition in respect of products not
intended for specifically military purposes;
(c) which it considers essential to its own security in the event of
serious internal disturbances affecting the maintenance of law and
order, in time of war or serious international tension constituting
threat of war or in order to carry out obligations it has accepted
for the purpose of maintaining peace and international security;
(d) which it considers necessary to respect its international
obligations and commitments in the control of dual-use industrial
goods and technology.
Article 86
1. In the fields covered by this Agreement and without prejudice to
any special provisions contained therein:
- the arrangements applied by the Republic of Kazakhstan in respect
of the Community shall not give rise to any discrimination between
the Member States, their nationals or their companies or firms,
- the arrangements applied by the Community in respect of the
Republic of Kazakhstan shall not give rise to any discrimination
between Kazakh nationals, or its companies or firms.
2. The provisions of paragraph 1 are without prejudice to the right
of the Parties to apply the relevant provisions of their fiscal
legislation to tax payers who are not in identical situations as
regards their place of residence.
Article 87
1. Each of the two Parties may refer to the Cooperation Council any
dispute relating to the application or interpretation of this
Agreement.
3. In the event of it not being possible to settle the dispute in
accordance with paragraph 2 of this Article, either Party may notify
the other of the appointment of a conciliator; the other Party must
then appoint a second conciliator within two months. For the
application of this procedure, the Community and the Member States
shall be deemed to be one Party to the dispute.
The Cooperation Council shall appoint a third conciliator.
The conciliators' recommendations shall be taken by majority vote.
Such recommendations shall not be binding upon the Parties.
Article 88
The Parties agree to consult promptly through appropriate channels
at the request of either Party to discuss any matter concerning the
interpretation or implementation of this Agreement and other
relevant aspects of the relations between the Parties.
The provisions of this Article shall in no way affect and are
without prejudice to Articles 13, 87 and 93.
Article 89
Treatment granted to the Republic of Kazakhstan hereunder shall in
no case be more favourable than that granted by the Member States to
each other.
Article 90
For the purposes of this Agreement, the term "Parties" shall mean
the Republic of Kazakhstan on the one part, and the Community, or
the Member States, or the Community and the Member States, in
accordance with their respective powers, on the other part.
Article 91
Insofar as matters covered by this Agreement are covered by the
Energy Charter Treaty and Protocols thereto, such Treaty and
Protocols shall upon entry into force apply to such matters but only
to the extent that such application is provided for therein.
Article 92
This Agreement is concluded for an initial period of 10 years after
which time the Agreement shall be automatically renewed year by year
provided that neither Party gives the other Party written notice of
denunciation of the Agreement six months before it expires.
Article 93
1. The Parties shall take any general or specific measures required
to fulfil their obligations under the Agreement. They shall see to
it that the objectives set out in the Agreement are attained.
2. If either Party considers that the other Party has failed to
fulfil an obligation under the Agreement, it may take appropriate
measures. Before so doing, except in cases of special urgency, it
shall supply the Cooperation Council with all relevant information
required for a thorough examination of the situation with a view to
seeking a solution acceptable to the Parties.
In the selection of these measures, priority must be given to those
which least disturb the functioning of the Agreement. These measures
shall be notified immediately to the Cooperation Council if the
other Party so requests.
Article 94
Annexes I, II and III together with the Protocol shall form an
integral part of this Agreement.
Article 95
This Agreement shall not, until equivalent rights for individuals
and economic operators have been achieved hereunder, affect rights
assured to them through existing Agreements binding one or more
Member States, on the one hand, and the Republic of Kazakhstan, on
the other, except in areas falling within Community competence and
without prejudice to the obligations of Member States resulting from
this Agreement in areas falling within their competence.
Article 96
This Agreement shall apply, on the one hand, to the territories in
which the Treaties establishing the European Community, the European
Coal and Steel Community and the European Atomic Energy Community
are applied and under the conditions laid down in those Treaties
and, on the other hand, to the territory of the Republic of
Kazakhstan.
Article 97
The Secretary-General of the Council of the European Union shall be
the depositary of this Agreement.
Article 98
The original of this Agreement, of which the Danish, Dutch, English,
Finnish, French, German, Greek, Italian, Portuguese, Spanish,
Swedish and Kazakh languages are equally authentic, shall be
deposited with the Secretary-General of the Council of the European
Union.
Article 99
This Agreement will be approved by the Parties in accordance with
their own procedures.
This Agreement shall enter into force on the first day of the second
month following the date on which the Parties notify the
Secretary-General of the Council of the European Union that the
procedures referred to in the first paragraph have been completed.
Upon its entry into force, and as far as relations between the
Republic of Kazakhstan and the Community are concerned, this
Agreement shall replace the Agreement between the European Economic
Community, the European Atomic Energy Community and the Union of
Soviet Socialist Republics on trade and economic and commercial
cooperation signed in Brussels on 18 December 1989.
Article 100
In the event that, pending the completion of the procedures
necessary for the entry into force of this Agreement, the provisions
of certain parts of this Agreement are put into effect in 1994 by
means of an Interim Agreement between the Community and the Republic
of Kazakhstan, the Contracting Parties agree that, in such
circumstances, the term "date of entry into force of the Agreement"
shall mean the date of entry into force of the Interim Agreement.
Hecho en Bruselas, el veintitrłs de enero de mil novecientos noventa
y cinco.
Udfördiget i Bruxelles, den treogtyvende januar nitten hundrede og
femoghalvfems.
Geschehen zu BrŽssel am dreiundzwanzigsten Januar
neunzehnhundertfŽnfundneunzig.
>ISO_7>øółżõ ėĮłĖ ĀęįžąūūõĖ, ėĮłĖ õčś˙ėł ĮęõłĖ Éńż˙įńęč˙į ščūłń
õżżłńśŽėłń õżõżČżĮń ĘążĮõ.
>ISO_1>Done at Brussels, on the twenty-third day of January in the
year one thousand nine hundred and ninety-five.
Fait š Bruxelles, le vingt-trois janvier mil neuf cent
quatre-vingt-quinze.
Fatto a Bruxelles, addü ventitrł gennaio
millenovecentonovantacinque.
Gedaan te Brussel, de drieūntwintigste januari negentienhonderd
vijfennegentig.
Feito em Bruxelas, em vinte e trśs de Janeiro de mil novecentos e
noventa e cinco.
Tehty Brysselissō kahdentenakymmenentenōkolmantena pōivōnō
tammikuuta vuonna tuhatyhdeksōnsataayhdeksōnkymmentōviisi.
Som skedde i Bryssel den tjugotredje januari õr
ettusenniohundranittiofem.
>PIC FILE= "L_1999196EN.002501.TIF">
Pour le Royaume de Belgique/Voor het Koninkrijk Belgiū/FŽr das
KŠnigreich Belgien
>PIC FILE= "L_1999196EN.002502.TIF">
Põ Kongeriget Danmarks vegne
>PIC FILE= "L_1999196EN.002503.TIF">
FŽr die Bundesrepublik Deutschland
>PIC FILE= "L_1999196EN.002504.TIF">
>ISO_7>Ćłń Į÷ż Åūū÷żłśČ Ä÷ü˙śęńĮčń
>ISO_1>> PIC FILE= "L_1999196EN.002601.TIF">
Por el Reino de Espaęa
>PIC FILE= "L_1999196EN.002602.TIF">
Pour la Rłpublique fran÷aise
>PIC FILE= "L_1999196EN.002603.TIF">
Thar cheann Na hÉireann/For Ireland
>PIC FILE= "L_1999196EN.002604.TIF">
Per la Repubblica italiana
>PIC FILE= "L_1999196EN.002605.TIF">
Pour le Grand-Duchł de Luxembourg
>PIC FILE= "L_1999196EN.002701.TIF">
Voor het Koninkrijk der Nederlanden
>PIC FILE= "L_1999196EN.002702.TIF">
FŽr die Republik Österreich
>PIC FILE= "L_1999196EN.002703.TIF">
Pela RepŪblica Portuguesa
>PIC FILE= "L_1999196EN.002704.TIF">
Suomen tasavallan puolesta
>PIC FILE= "L_1999196EN.002801.TIF">
FŠr Konungariket Sverige
>PIC FILE= "L_1999196EN.002802.TIF">
For the United Kingdom of Great Britain and Northern Ireland
>PIC FILE= "L_1999196EN.002803.TIF">
Por las Comunidades Europeas
For De Europöiske Föllesskaber
FŽr die Europōischen Gemeinschaften
>ISO_7>Ćłń ĮłĖ ÅįęųĘńŪśąĖ Ź˙łżŽĮ÷ĮõĖ
>ISO_1>For the European Communities
Pour les Communautłs europłennes
Per le Comunitš europee
Voor de Europese Gemeenschappen
Pelas Comunidades Europeias
Euroopan yhteisŠjen puolesta
Põ Europeiska gemenskapernas vōgnar
>PIC FILE= "L_1999196EN.002901.TIF">
>PIC FILE= "L_1999196EN.002902.TIF">
>PIC FILE= "L_1999196EN.002903.TIF">
LIST OF DOCUMENTS ATTACHED
>TABLE POSITION>
ANNEX I
INDICATIVE LIST OF ADVANTAGES GRANTED BY THE REPUBLIC OF KAZAKHSTAN
TO THE INDEPENDENT STATES IN ACCORDANCE WITH ARTICLE 8(3)
1. Armenia, Belarus, Estonia, Georgia, Lithuania, Moldova, Ukraine,
Turkmenistan, Russia:
No import duties are implemented.
No export duties are implemented as regards goods delivered under
clearing and interstate agreements within the volumes stipulated in
these agreements.
No VAT is applied on export and import. No excise is applied on
export.
All Independent States:
Export quotas for deliveries of products under annual interstate
trade and cooperation agreements are opened in the same way as for
deliveries for State needs.
2. Armenia, Belarus, Estonia, Georgia, Lithuania, Moldova, Ukraine,
Turkmenistan:
Payments could be made in roubles.
Russia:
Payments could be made in roubles or tenge.
All Independent States:
Special system of non-commercial operations, including payments
resulting from these operations.
4. All Independent States:
Special price system in trade with some raw materials and
semi-finished products.
6. All Independent States:
Special conditions of customs procedures.
ANNEX II
COMMUNITY RESERVATIONS IN ACCORDANCE WITH ARTICLE 23(1)(b)
Mining
In some Member States, a concession may be required for mining and
mineral rights for non-EC-controlled companies.
Fishing
Access to and use of the biological resources and fishing grounds
situated in the maritime waters coming under the sovereignty or
within the jurisdiction of Member States of the Community is
restricted to fishing vessels flying the flag of a Community Member
State and registered in Community territory unless otherwise
provided for.
Real estate purchase
In some Member States, the purchase of real estate by non-EC
companies is subject to restrictions.
Audiovisual services including radio
National treatment concerning production and distribution, including
broadcasting and other forms of transmission to the public, may be
reserved to audiovisual works meeting certain origin criteria.
Telecommunications services including mobile and satellite services
Reserved services
In some Member States market access concerning complementary
services and infrastructures is restricted.
Professional services
Services reserved to natural persons nationals of Member States.
Under certain conditions those persons may create companies.
Agriculture
In some Member States national treatment is not applicable to non-EC
controlled companies which wish to undertake an agricultural
enterprise. The acquisition of vineyards by non-EC controlled
companies is subject to notification, or, as necessary,
authorisation.
News agency services
In some Member States limitations of foreign participation in
publishing companies and broadcasting companies.
ANNEX III
INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY CONVENTIONS
REFERRED TO IN ARTICLE 42
1. Paragraph 2 of Article 42 concerns the following multilateral
conventions:
- Berne Convention for the Protection of Literary and Artistic Works
(Paris Act, 1971),
- International Convention for the Protection of Performers,
Producers of Phonograms and Broadcasting Organisations (Rome, 1961),
- Protocol relating to the Madrid Agreement concerning the
International Registration of Marks (Madrid, 1989),
- Nice Agreement concerning the International Classification of
Goods and Services for the purposes of the Registration of Marks
(Geneva 1977 and amended in 1979),
- Budapest Treaty on the International Recognition of the Deposit of
Microorganisms for the purposes of Patent Procedures (1977, modified
in 1980),
- International Convention for the Protection of New Varieties of
Plants (UPOV) (Geneva Act, 1991).
2. The Cooperation Council may recommend that paragraph 2 of Article
42 shall apply to other multilateral conventions. If problems in the
area of intellectual, industrial and commercial property affecting
trading conditions were to occur, urgent consultations will be
undertaken, at the request of either Party, with a view to reaching
mutually satisfactory solutions.
3. The Parties confirm the importance they attach to the obligations
arising from the following multilateral conventions:
- Paris Convention for the Protection of Industrial Property
(Stockholm Act, 1967 and amended in 1979),
- Madrid Agreement concerning the International Registration of
Marks (Stockholm Act, 1967 and amended in 1979),
- Patent Cooperation Treaty (Washington, 1970, amended in 1979 and
modified in 1984).
4. From the entry into fource of this Agreement, the Republic of
Kazakhstan shall grant to Community companies and nationals, in
respect of the recognition and protection of intellectual,
industrial and commercial property, treatment no less favourable
than that granted by it to any third country under bilateral
agreements.
5. The provisions of paragraph 4 shall not apply to advantages
granted by the Republic of Kazakhstan to any third country on an
effective reciprocal basis and to advantages granted by the Republic
of Kazakhstan to another country of the former USSR.
PROTOCOL
on mutual assistance between administrative authorities in customs
matters
Article 1
Definitions
For the purposes of this Protocol:
(a) "customs legislation" shall mean provisions applicable in the
territories of the Parties governing the import, export, transit of
goods and their placing under any customs procedure, including
measures of prohibition, restriction and control and adopted by the
said Parties;
(b) "customs duties" shall mean all duties, taxes, fees or any other
charges which are levied and collected in the territories of the
Parties, in application of customs legislation, but not including
fees and charges which are limited in amount to the approximate
costs of services rendered;
(c) "applicant authority" shall mean a competent administrative
authority which has been appointed by a Party for this purpose and
which makes a request for assistance in customs matters;
(d) "requested authority" shall mean a competent administrative
authority which has been appointed by a Party for this purpose and
which receives a request for assistance in customs matters;
(e) "contravention" shall mean any violation of the customs
legislation as well as any attempted violation of such legislation.
Article 2
Scope
1. The Parties shall assist each other, within their competences, in
the manner and under the conditions laid down in this Protocol, in
ensuring that customs legislation is correctly applied, in
particular by the prevention, detection and investigation of
contraventions of this legislation.
2. Assistance, in customs matters, as provided for in this Protocol,
applies to any administrative authority of the Parties which is
competent for the application of this Protocol. It shall not
prejudice the rules governing mutual assistance in criminal matters.
Nor shall it cover information obtained under powers exercised at
the request of the judical authority, unless those authorities so
agree.
Article 3
Assistance on request
1. At the request of the applicant authority, the requested
authority shall furnish it with all relevant information to enable
it to ensure that customs legislation is correctly applied,
including information regarding operations noted or planned which
contravene or would contravene such legislation.
2. At the request of the applicant authority, the requested
authority shall inform it whether goods exported from the territory
of one of the Parties have been properly imported into the territory
of the other Party, specifiying, where appropriate, the customs
procedure applied to the goods.
3. At the request of the applicant authority, the request authority
shall take the necessary steps to ensure that a surveillance is kept
on:
(a) natural or legal persons of whom there are reasonable ground for
believing that they are contravening or have contravened customs
legislation;
(b) place where stocks of goods have been assembled in such a way
that there are reasonable grounds for supposing that they are
intended as supplies for operations contrary to the legislation of
the other Party;
(c) movements of goods notified as possibly giving rise to
substantial contraventions of customs legislation;
(d) means of transport for which there are reasonable grounds for
believing that they have been, are or may be used in the
contravening of customs legislation.
Article 4
Spontaneous assistance
The Parties shall provide each other, in accordance with their laws,
rules and other legal instruments, with assistance without prior
request if they consider that to be necessary for the correct
application of customs legislation, particularly when they obtain
information pertaining to:
- operations which have contravened, contravene or would contravene
such legislation and which may be of interest to other Parties,
- new means or methods employed in realising such operations,
- goods known to be subject to substantial contravention of customs
legislation.
Article 5
Delivery/notification
At the request of the applicant authority, the requested authority
shall in accordance with its legislation take all necessary
measures:
- in order to deliver all documents,
- to notify all decisions,
falling within the scope of this Protocol to an addressee, residing
or established in its territory. In such a case Article 6(3) is
applicable.
Article 6
Form and substance of requests for assistance
1. Requests pursuant to this Protocol shall be made in writing.
Documents necessary for the execution of such requests shall
accompany the request. When required because of the urgency of the
situation, oral requests may be accepted, but must be confirmed in
writing immediately.
2. Requests pursuant to paragraph 1 of this Article shall include
the following information:
(a) the applicant authority making the request;
(b) the measure requested;
(c) the object of and the reason for the request;
(d) the laws, rules and other legal elements involved;
(e) indications as exact and comprehensive as possible on the
natural or legal persons being the target of the investigations;
(f) a summary of the relevant facts and of the enquiries already
carried out, except in cases provided for in Article 5.
3. Requests shall be submitted in an official language of the
requested authority or in a language acceptable to such authority.
4. If a request does not meet the formal requirements, its
correction or completion may be demanded; the ordering of
precautionary measures may, however, take place.
Article 7
Execution of requests
1. In order to comply with a request for assistance, the requested
authority or, when the latter cannot act on its own, the
administrative department to which the request has been addressed by
this authority, shall proceed, within its competence and available
resources, as though it were acting on its own account or at the
request of other authorities of that same Party, by supplying
information already possessed, by carrying out appropriate enquiries
or by arranging for them to be carried out.
2. Requests for assistance will be executed in accordance with the
laws, rules and other legal instruments of the requested Party.
3. Duly authorised officials of a Party may, with the agreement of
the other Party involved and within the conditions laid down by the
latter, obtain from the offices of the requested authority or other
authority for which the requested authority is responsible,
information relating to the contravention of customs legislation
which the applicant authority needs for the purposes of this
Protocol.
4. Officials of a Party may, with the agreement of the other Party
involved and within the conditions laid down by the latter, be
present at enquiries carried out in the latter's territory.
Article 8
Form in which information is to be communicated
1. The requested authority shall communicate results of enquiries to
the applicant authority in the form of documents, certified copies
of documents, reports and the like.
2. The documents provided for in paragraph 1 may be replaced by
computerised information produced in any form for the same purpose.
Article 9
Exceptions to the obligation to provide assistance
1. The Parties may refuse to give assistance as provided for in this
Protocol, where to do so would:
(a) be likely to prejudice sovereignty, public policy, security or
other essential interests; or
(b) involve currency or tax regulations other than regulations
concerning customs duties; or
(c) violate an industrial, commercial or professional secret.
2. Where the applicant authority asks for assistance which it would
itself be unable to provide if so asked, it shall draw attention to
that fact in its request. It shall then be left to the requested
authority to decide how to respond to such a request.
3. If assistance is withheld or denied, the decision and the reasons
therefore must be notified to the applicant authority without delay.
Article 10
Obligation to observe confidentiality
1. Any information communicated in whatsoever form pursuant to this
Protocol shall be of a confidential nature. It shall be covered by
the obligation of official secrecy and shall enjoy the protection
extended to like information under the relevant laws of the Party
which received it and the corresponding provisions applying to the
Community authorities.
2. Nominative data shall not be transmitted whenever there are
reasonable grounds to believe that the transfer or the use made of
the data transmitted would be contrary to the basic legal principles
of one of the Parties, and, in particular, if the person concerned
would suffer undue disadvantages. Upon request, the receiving Party
shall inform the furnishing Party of the use made of the information
supplied and of the results achieved.
3. Nominative data may only be transmitted to customs authorities
and, in the case of need for prosecution purposes, to public
prosecution and judicial authorities. Other persons or authorities
may obtain such information only upon previous authorisation by the
furnishing authority.
4. The furnishing Party shall verify the accuracy of the information
to be transferred. Whenever it appears that the information supplied
was inaccurate or to be deleted, the receiving Party shall be
notified without delay. The latter shall be obliged to carry out the
correction or deletion.
5. Without prejudice to cases of prevailing public interest, the
person concerned may obtain, upon request, information on the data
stores and the purpose of this storage.
Article 11
Use of information
1. Information obtained shall be used solely for the purposes of
this Protocol and may be used within each Party for other purposes
only with the prior written consent of the administrative authority
which furnished the information and shall be subject to any
restrictions laid down by that authority.
2. Paragraph 1 shall not impede the use of information in any
judicial or administrative proceedings subsequently instituted for
failure to comply with customs legislation.
3. The Parties may, in their records of evidence, reports and
testimonies and in proceedings and charges brought before the
courts, use as evidence information obtained and documents consulted
in accordance with the provisions of this Protocol.
Article 12
Experts and witnesses
An official of a requested authority may be authorised to appear,
within the limitations of the authorisation granted, as expert or
witness in judicial or administrative proceedings regarding the
matters covered by this Protocol in the jurisdiction of another
Party, and produce such objects, documents or authenticated copies
thereof, as may be needed for the proceedings. The request for an
appearance must indicate specifically on what matters and by virtue
of what title or qualification the official will be questioned.
Article 13
Assistance expenses
The Parties shall waive all claims on each other for the
reimbursement of expenses incurred pursuant to this Protocol,
except, as appropriate, for expenses to experts and witnesses and to
interpreters and translators who are not dependent upon public
services.
Article 14
Implementation
1. The management of this Protocol shall be entrusted to the central
customs authorities of the Republic of Kazakhstan on the one hand
and the competent services of the Commission of the European
Communities and, where appropriate, the customs authorities of the
Member States of the European Union on the other. They shall decide
on all practical measures and arrangements necessary for its
application, taking into consideration rules in the field of data
protection. They may recommend to the competent bodies amendments
which they consider be made to this Protocol.
2. The Parties shall consult each other and subsequently keep each
other informed of the detailed rules of implementation which are
adopted in accordance with the provisions of this Protocol.
Article 15
Complementarity
1. This Protocol shall complement and not impede the application of
any agreements on mutual assistance which have been concluded or may
be concluded between individual or several Member States of the
European Union and the Republic of Kazakhstan. Nor shall it preclude
more extensive mutual assistance granted under such agreements.
2. Without prejudice to Article 11, these agreements do not
prejudice Community provisions governing the communication between
the competent services of the Commission and the customs authorities
of the Member States of any information obtained in customs matters
which could be of Community interest.
FINAL ACT
The plenipotentiaries of:
THE KINGDOM OF BELGIUM,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN;
THE FRENCH REPUBLIC,
IRELAND,
THE ITALIAN REPUBLIC,
THE GRAND DUCHY OF LUXEMBOURG,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE PORTUGUESE REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty establishing the EUROPEAN
COMMUNITY, the Treaty establishing the EUROPEAN COAL AND STEEL
COMMUNITY, and the Treaty establishing the EUROPEAN ATOMIC ENERGY
COMMUNITY,
hereinafter referred to as "the Member States", and of
the EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL COMMUNITY, and
the EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as
"the Community",
of the one part, and
the plenipotentiaries of the REPUBLIC OF KAZAKHSTAN,
of the other part,
meeting at Brussels on 23 January in the year one thousand nine
hundred and ninety-five for the signature of the Partnership and
Cooperation Agreement establishing a partnership between the
European Communities and their Member States, of the one part, and
the Republic of Kazakhstan, of the other part, hereinafter referred
to as the "Agreement", have adopted the following texts:
the Agreement including its Annexes and the following Protocol:
Protocol on mutual assistance between administrative authorities in
customs matters.
The plenipotentiaries of the Member States and of the Community and
the plenipotentiaries of the Republic of Kazakhstan have adopted the
texts of the Joint Declarations listed below and annexed to this
Final Act:
Joint Declaration concerning Article 13 of the Agreement
Joint Declaration concerning Article 23 of the Agreement
Joint Declaration concerning the notion of "control" in Article
25(b) and Article 36 of the Agreement
Joint Declaration concerning Article 42 of the Agreement
Joint Declaration concerning Article 93 of the Agreement
The plenipotentiaries of the Member States of the Community and the
plenipotentiaries of the Republic of Kazakhstan have further taken
note of the Declaration by the French Government annexed to this
Final Act:
Declaration by the French Government on its overseas countries and
territories.
Hecho en Bruselas, el veintitrłs de enero de mil novecientos noventa
y cinco.
Udfördiget i Bruxelles, den treogtyvende januar nitten hundrede og
femoghalvfems.
Geschehen zu BrŽssel am dreiundzwanzigsten Januar
neunzehnhundertfŽnfundneunzig.
>ISO_7>øółżõ ėĮłĖ ĀęįžąūūõĖ, ėĮłĖ õčś˙ėł ĮęõłĖ Éńż˙įńęč˙į ščūłń
õżżłńśŽėłń õżõżČżĮń ĘążĮõ.
>ISO_1>Done at Brussels, on the twenty-third day of January in the
year one thousand nine hundred and ninety-five.
Fait š Bruxelles, le vingt-trois janvier mil neuf cent
quatre-vingt-quinze.
Fatto a Bruxelles, addü ventitrł gennaio
millenovecentonovantacinque.
Gedaan te Brussel, de drieūntwintigste januari negentienhonderd
vijfennegentig.
Feito em Bruxelas, em vinte e trśs de Janeiro de mil novecentos e
noventa e cinco.
Tehty Brysselissō kahdentenakymmenentenōkolmantena pōivōnō
tammikuuta vuonna tuhatyhdeksōnsataayhdeksōnkymmentōviisi.
Som skedde i Bryssel den tjugotredje januari õr
ettusenniohundranittiofem.
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Pour le Royaume de Belgique/Voor het Koninkrijk Belgiū/FŽr das
KŠnigreich Belgien
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Põ Kongeriget Danmarks vegne
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FŽr die Bundesrepublik Deutschland
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>ISO_7>Ćłń Į÷ż Åūū÷żłśČ Ä÷ü˙śęńĮčń
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Por el Reino de Espaęa
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Pour la Rłpublique fran÷aise
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Thar cheann Na hÉireann/For Ireland
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Per la Repubblica italiana
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Pour le Grand-Duchł de Luxembourg
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Voor het Koninkrijk der Nederlanden
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FŽr die Republik Österreich
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Pela RepŪblica Portuguesa
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Suomen tasavallan puolesta
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FŠr Konungariket Sverige
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For the United Kingdom of Great Britain and Northern Ireland
>PIC FILE= "L_1999196EN.004205.TIF">
Por las Comunidades Europeas
For De Europöiske Föllesskaber
FŽr die Europōischen Gemeinschaften
>ISO_7>Ćłń ĮłĖ ÅįęųĘńŪśąĖ Ź˙łżŽĮ÷ĮõĖ
>ISO_1>For the European Communities
Pour les Communautłs europłennes
Per le Comunitš europee
Voor de Europese Gemeenschappen
Pelas Comunidades Europeias
Euroopan yhteisŠjen puolesta
Põ Europeiska gemenskapernas vōgnar
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>PIC FILE= "L_1999196EN.004303.TIF">
Joint Declaration concerning Article 13
The Community and the Republic of Kazakhstan declare that the text
of the safeguard clause does not grant GATT safeguard treatment.
Joint Declaration concerning Article 23
Without prejudice to the provisions of Articles 37 and 40, the
Parties agree that the words "in conformity with their legislation
and regulations" mentioned in paragraphs 1 and 2 of Article 23 mean
that each Party may regulate the establishment and operation of
companies on its territory, provided that these regulations do not
create for the establishment and operation of companies of the other
Party any new reservations resulting in a less favourable treatment
than that accorded to their own companies or to companies, branches
or subsidiaries of companies of any third country.
Joint Declaration concerning the notion of "control" in Article
25(b) and Article 36
1. The Parties confirm their mutual understanding that the question
of control shall depend on the factual circumstances of the
particular case.
2. A company shall, for example, be considered as being "controlled"
by another company, and thus a subsidiary of such other company if:
- the other company holds directly or indirectly a majority of the
voting rights, or
- the other company has the right to appoint or dismiss a majority
of the administrative organ, of the management organ or of the
supervisory organ and is at the same time a shareholder or member of
the subsidiary.
3. Both Parties consider the criteria in paragraph 2 to be
non-exhaustive.
Joint Declaration concerning Article 42
The Parties agree that for the purpose of the Agreement,
intellectual, industrial and commercial property includes in
particular copyright, including the copyright in computer programs,
and neighbouring rights, the rights relating to patents, industrial
designs, geographical indications, including appellations of origin,
trade marks and service marks, topographies of integrated circuits
as well as protection against unfair competition as referred to in
article 10 bis of the Paris Convention for the protection of
Industrial Property and protection of undisclosed information on
know-how.
Joint Declaration concerning Article 93
The Parties agree, for the purpose of its correct interpretation and
its practical application, that the term "cases of special urgency"
included in Article 93 of the Agreement means cases of material
breach of the Agreement by one of the Parties. A material breach of
the Agreement consists in
(a) repudiation of the Agreement not sanctioned by the general rules
of international law,
or
(b) violation of the essential elements of the Agreement set out in
Article 2.
Declaration by the French Government
The French Republic notes that the Partnership and Cooperation
Agreement with the Republic of Kazakhstan does not apply to the
overseas countries and territories associated with the European
Community pursuant to the Treaty establishing the European
Community.