21999A0804(01)
Partnership and Cooperation Agreement between the European
Communities and their Member States, of the one part, and Georgia,
of the other part - 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: 22/04/1996
OF EFFECT: 01/07/1999; ENTRY INTO FORCE SEE ART 104.2 AND OJ
L 248/99 P. 35
OF SIGNATURE: 22/04/1996; LUXEMBOURG
OF END OF VALIDITY: 99/99/9999
Authentic language: THE OFFICIAL LANGUAGES ; GERMAN ; SPANISH ;
FRENCH ; ENGLISH ; DANISH ; FINNISH ; SWEDISH ; ITALIAN ; GREEK ;
DUTCH ; PORTUGUESE ; OTHER THAN COMMUNITY LANGUAGE ; GEORGIAN
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 ; FINLAND ; AUSTRIA ; SWEDEN ; LUXEMBOURG ; NETHERLANDS ;
PORTUGAL ; UNITED KINGDOM ; GEORGIA
Subject matter: EXTERNAL RELATIONS ; COOPERATION ; PROVISIONS
IMPLEMENTING ARTICLE 95 - ECSC ; PROVISIONS UNDER ARTICLE 235 EEC
Directory code: 11406000
EUROVOC descriptor: EAEC ; EC agreement ; EC association agreement ;
EC cooperation agreement ; ECSC ; Georgia
Legal basis:
197E044-P2................ ADOPTION
197E047-P2................ ADOPTION
197E055................... ADOPTION
197E057-P2................ ADOPTION
197E071................... ADOPTION
197E080-P2................ ADOPTION
197E093................... ADOPTION
197E094................... ADOPTION
197E133................... ADOPTION
197E308................... ADOPTION
197E300-P2F2.............. ADOPTION
197E300-P3L2.............. ADOPTION
151K095................... ADOPTION
157A101-L2................ ADOPTION
Instruments cited:
290A0315(01)..............
294A1223(03)..............
294A1223(09)..............
279A0412(06)..............
296A1013(03)..............
294A1223(16)..............
Amendment to:
290A0315(01)...... AMENDMENT..... PARTIAL REPLACEMENT DP 01/07/1999
Amended by:
ADOPTED-BY.... 399D0515..........
PARTNERSHIP AND COOPERATION AGREEMENT
between the European Communities and their Member States, of the one
part, and Georgia, of the other part
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 etablishing 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
GEORGIA,
of the other part,
CONSIDERING the links between the Community, its Member States and
Georgia and the common values that they share,
RECOGNISING that the Community and Georgia 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 Georgia 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 Organisation for Security and Cooperation in Europe (OSCE),
CONSIDERING the firm commitment of the Community and its Member
States and of Georgia 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", and other fundamental documents of the OSCE,
RECOGNISING in that context that support of the independence,
sovereignty and territorial integrity of Georgia will contribute to
the safeguarding of peace and stability in Europe,
CONVINCED of the paramount importance of the rule of law and respect
for human rights, particularly those of persons belonging to
minorities, the establishment of a multiparty system with free and
democratic elections and economic liberalisation aimed at setting up
a market economy, and recognising the efforts of Georgia to create
political and economic systems based on these principles,
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 Georgia, 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 and in
particular initiatives aimed at fostering cooperation and mutual
confidence among Independent States of the transcaucasus region and
other neighbouring States,
DESIROUS of establishing and developing regular political dialogue
on bilateral, regional and international issues of mutual interest,
RECOGNISING AND SUPPORTING the wish of Georgia to establish close
cooperation with European Institutions,
CONSIDERING the necessity of promoting investment in Georgia,
including in the energy sector, and in this context the importance
attached by the Community and its Member States to equitable
conditions for transit for export of energy products; confirming the
attachment of the Community and its Member States and of Georgia to
the European Energy Charter, and to the full implementation of the
Energy Charter Treaty and the Energy Charter Protocol on energy
efficiency and related environmental aspects,
TAKING ACCOUNT of the Community's willingness to provide for
economic cooperation and technical assistance as appropriate,
BEARING IN MIND the utility of the Agreement in favouring a gradual
rapprochement between Georgia 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, in
conformity with World Trade Organisation (WTO) rules,
CONSCIOUS of the need to improve conditions affecting business and
investment, and conditions in areas such as establishment of
companies, labour, provision of services and capital movements,
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,
RECOGNISING that cooperation for the prevention and control of
illegal immigration constitutes one of the primary objectives of
this Agreement,
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 Georgia, 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 support Georgia's efforts to consolidate its democracy and to
develop its economy and to complete the transition into a market
economy,
- 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.
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 essential
elements of partnership and of this Agreement.
Article 3
The Parties consider that it is essential for their future
prosperity and stability 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
in the spirit of good neighbourly relations and will make every
effort to encourage this process.
Article 4
The Parties shall as appropriate review changing circumstances in
Georgia, in particular regarding economic conditions there and
implementation of market-oriented economic reforms. The Cooperation
Council may make recommendations to the Parties concerning
development of any part of this Agreement in the light of these
circumstances.
TITLE II
POLITICAL DIALOGUE
Article 5
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 Georgia, support the political and economic changes under way in
that country and contribute to the establishment of new forms of
cooperation. The political dialogue:
- will strengthen the links of Georgia 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 in the region and promoting the future development of the
Independent States of the transcaucasus,
- shall foresee that the Parties endeavour to cooperate on matters
pertaining to the strenghtening of stability and security in Europe,
the observance of the principles of democracy, and the respect and
promotion of human rights, particularly those of persons belonging
to minorities and shall hold consultations, if necessary, on
relevant matters.
Such dialogue may take place on a regional basis, with a view to
contributing towards the resolution of regional conflicts and
tensions.
Article 6
At ministerial level, political dialogue shall take place within the
Cooperation Council established in Article 81 and on other occasions
by mutual agreement.
Article 7
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 Georgia 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, OSCE meetings and
elsewhere,
- any other means, including the possibility of expert meetings
which would contribute to consolidating and developing this
dialogue.
Article 8
Political dialogue at parliamentary level shall take place within
the framework of the Parliamentary Cooperation Committee established
in Article 86.
TITLE III
TRADE IN GOODS
Article 9
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
trans-shipment,
- 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
WTO rules 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 Georgia acceding to the
WTO or on 31 December 1998, whichever is earlier, to advantages
defined in Annex I granted by Georgia to other States which have
emerged from the dissolution of the USSR.
Article 10
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, in particular such as
transport, or products agreed between the Parties.
Article 11
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 on 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 12
1. Goods originating in Georgia shall be imported into the Community
free of quantitative restrictions without prejudice to the
provisions of Articles 14, 17 and 18 of this Agreement.
2. Goods originating in the Community shall be imported into Georgia
free of all quantitative restrictions and measures of equivalent
effect without prejudice to the provisions of Article 14 of this
Agreement.
Article 13
Goods shall be traded between the Parties at market-related prices.
Article 14
1. Where any product is being imported into the territory of one of
the Parties in such increased quantities or under such conditions as
to cause or threaten to cause injury to domestic producers of like
or direct competitive products, the Community or Georgia, 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 Georgia 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 XI.
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 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 15
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 Georgia
to the WTO. 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 16
This 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 17
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 22
December 1995 and applied provisionally since 1 January 1996.
Article 18
1. Trade in products covered by the Treaty establishing the European
Coal and Steel Comunity shall be governed by the provisions of this
Title, with the exception of Article 12.
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 Georgia 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 19
Trade in nuclear materials will be conducted in accordance with the
provisions of the Treaty establishing the European Atomic Energy
Community. If necessary, trade in nuclear materials shall be subject
to the provisions of a specific Agreement to be concluded between
the European Atomic Energy Community and Georgia.
TITLE IV
PROVISIONS AFFECTING BUSINESS AND INVESTMENT
CHAPTER I
LABOUR CONDITIONS
Article 20
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 Georgian nationals 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
Georgia, Georgia shall ensure that the treatment accorded to
nationals of a Member State, legally employed in the territory of
Georgia, shall be free from any discrimination based on nationality,
as regards working conditions, remuneration or dismissal, as
compared to its own nationals.
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 20 and 21.
CHAPTER II
CONDITIONS AFFECTING THE ESTABLISHMENT AND OPERATION OF COMPANIES
Article 23
1. The Community and its Member States shall grant treatment no less
favourable than that accorded to any third country for the
establishment of Georgian companies as defined in Article 25(d).
2. Without prejudice to the reservations listed in Annex IV, the
Community and its Member States shall grant to subsidiaries of
Georgian companies established in their territories a treatment no
less favourable than that granted to any Community companies, in
respect of their operation.
3. The Community and its Member States shall grant to branches of
Georgian companies established in their territories treatment no
less favourable than that accorded to branches of companies of any
third country, in respect of their operation.
4. Without prejudice to the reservations listed in Annex V, and
subject to the conditions set out therein, Georgia shall grant for
the establishment of Community companies as defined in Article 25(d)
treatment no less favourable than that accorded to Georgian
companies or to any third country companies, whichever is the
better, and shall grant to subsidiaries and branches of Community
companies established in its territory treatment no less favourable
than that accorded to its own companies or branches or to any third
country company or branch, whichever is the better, in respect of
their operations.
Article 24
1. Without prejudice to the provisions of Article 100, the
provisions of Article 23 shall not apply to air transport, inland
waterways transport and maritime transport.
2. However, in respect of activities, as indicated below, undertaken
by shipping agencies for the provision of services to international
maritime transport, including intermodal transport operations
involving a sea-leg, each Party shall permit the companies of the
other Party to have a 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, and this in conformity with the
legislation and regulations applicable in each Party.
3. 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 the 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, inter alia, in organising the
call of the vessel or taking over cargoes when required.
Article 25
For the purpose of this Agreement:
(a) a "Community company" or a "Georgian company" respectively shall
mean a company set up in accordance with the laws of a Member State
or of Georgia respectively and having its registered office or
central administration, or principal place of business in the
territory of the Community or Georgia respectively. However, should
the company, set up in accordance with the laws of a Member State or
Georgia respectively, have only its registered office in the
territory of the Community or Georgia respectively, the company
shall be considered a Community or Georgian company respectively if
its operations possess a real and continuous link with the economy
of one of the Member States or Georgia 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 Georgian
companies as referred to in point (a), to take up economic
activities by means of the setting up of subsidiaries and branches
in Georgia 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.
With regard to international maritime transport, including
intermodal operations involving a sea-leg, nationals of the Member
States or of Georgia established outside the Community or Georgia
respectively, and shipping companies established outside the
Community or Georgia and controlled by nationals of a Member State
or Georgian nationals 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 Georgia respectively in
accordance with their respective legislation.
Article 26
1. Notwithstanding any other provisions of this 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 this Agreement, they shall not be used as a means of
avoiding the obligations of a Party under this Agreement.
2. Nothing in this Agreement shall be construed as requiring 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.
3. For the purpose of this Agreement, "financial services" shall
mean those activities described in Annex III.
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 Georgian company established in the territory
of Georgia 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 Georgia and the Community
respectively, employees who are nationals of Community Member States
and Georgia 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 "intracorporate 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 "intracorporate 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 be to 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 this Argeement.
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 Georgia
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 Georgia of subsidiaries and
branches of Community companies more restrictive than the situation
existing on the day preceding the date of signature of this
Agreement. The Community may request Georgia 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 Georgia would
result in rendering the conditions for operation of subsidiaries and
branches of Community companies established in Georgia more
restrictive than the situation existing on the day of signature of
this Agreement, such respective 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 Georgia at the time of entry into force of the relevant act.
CHAPTER III
CROSSBORDER SUPPLY OF SERVICES BETWEEN THE COMMUNITY AND GEORGIA
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 Georgian companies which are
established in a Party other than that of the person for whom the
services are intended taking into account the development of the
service 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 Georgia.
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 Party
to this Agreement. Non-conference lines will be free to operate in
competition with a conference 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 the 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 on 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.
3. 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.
4. 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 Georgia 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 this 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 this Agreement. The above provision does not prejudice
the application of Article 34.
Article 36
Companies which are controlled and exclusively owned by Georgian
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 thereunder 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,
subsector 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
Georgia pursuant to commitments entered into in economic integration
agreements in accordance with the principles of Article V of the
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 Georgia from distinguishing, in the application of the relevant
provisions of their fiscal legislation, between taxpayers 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 Georgia respectively to
enter, or stay in, the territory of Georgia 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 Georgian companies to employ
or have employed in the territory of the Community nationals of
Georgia,
- Georgian subsidiaries or branches of Community companies to employ
or have employed in the territory of Georgia nationals of the Member
States,
- Georgian companies or Community subsidiaries or branches of
Georgian companies to supply Georgian persons to act for and under
the control of other persons by temporary employment contracts,
- Community companies or Georgian 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 current payments between residents of the Community
and of Georgia 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 the
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 Georgia
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 Georgia in order to promote
the objectives of this Agreement.
5. With reference to the provisions of this Article, until a full
convertibility of the Georgian currency within the meaning of
Article VIII of the Articles of Agreement of the International
Monetary Fund (IMF) is introduced, Georgia 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 Georgia for the
granting of such credits and are permitted according to Georgia's
status under the IMF. Georgia 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. Georgia
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, movement of capital between the Community and Georgia
cause, or threaten to cause, serious difficulties for the operation
of exchange-rate policy or monetary policy in the Community or
Georgia, the Community and Georgia, respectively, may take safeguard
measures with regard to movements of capital between the Community
and Georgia 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 II,
Georgia 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 this
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 this
Agreement, Georgia shall accede to the multilateral conventions on
intellectual, industrial and commercial property rights referred to
in paragraph 1 of Annex II 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 Georgia and the Community
is the approximation of Georgia's existing and future legislation to
that of the Community. Georgia 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: laws and regulations governing investments by companies,
customs law, company law, banking law, company accounts and taxes,
intellectual property, protection of workers at the workplace,
financial services, rules on competition, 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 and transport.
3. The Community shall provide Georgia 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.
Article 44
1. Further to Article 43, the Community shall provide Georgia with
technical assistance regarding the formulation and implementation of
legislation in the field of competition, in particular as concerns:
- agreements and associations between undertakings and concerted
practices which may have the effect of preventing, restricting or
distorting competition,
- abuse by undertakings of a dominant position in the market,
- State aids which have the effect of distorting competition,
- State monopolies of a commercial character,
- public undertakings and undertakings with special or exclusive
rights,
- review and supervision of the application of competition laws and
means of ensuring compliance with them.
2. 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 45
1. The Community and Georgia shall establish economic cooperation
aimed at contributing to the process of economic reform and recovery
and sustainable development of Georgia. 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 and
trading systems in Georgia and will be guided by the requirements of
sustainability and harmonious social development; they will also
fully incorporate environmental considerations.
3. To this end, 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,
transport, tourism, environmental protection, regional cooperation
and monetary policy.
4. Special attention shall be devoted to measures capable of
fostering cooperation among the Independent States of the
transcaucasus region, and with other neighbouring 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 on in
the indicative programme related to Community technical assistance
to Georgia and its established coordination and implementation
procedures.
Article 46
Cooperation in the field of trade in goods and services
The Parties will cooperate with a view to ensuring that Georgia's
international trade is conducted in conformity with the rules of the
WTO.
Such cooperation shall include specific issues directly relevant to
trade facilitation, including:
- formulation of policy on trade and trade-related questions,
including payments, and clearing mechanisms,
- drafting of relevant legislation,
- assistance to prepare for Georgia's eventual accession to the WTO.
Article 47
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 Georgia's efforts to restructure its
industry,
- the improvement of management,
- the development of appropriate commercial rules and practices,
- environmental protection,
- conversion of the military-industrial complex.
2. The provisions of this Article shall not affect the enforcement
of Community competition rules applicable to undertakings.
Article 48
Construction
The Parties shall cooperate in the field of construction industry.
This cooperation shall, inter alia, aim at modernising and
restructuring the construction sector in Georgia in line with the
principles of a market economy and duly taking into account related
health, safety and environmental aspects.
Article 49
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
Georgia of agreements for the promotion and protection of
investment,
- the conclusion, where appropriate, between the Member States and
Georgia of agreements to avoid double taxation,
- the creation of favourable conditions for attracting foreign
investments into the Georgian 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 50
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 51
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 the quality of Georgian
products.
2. To this end the Parties shall seek to cooperate in technical
assistance projects which will:
- promote appropriate cooperation with organisations 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 52
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 53
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 on 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 54.
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 and/or
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 54
Education and training
1. The Parties shall cooperate with the aim of raising the level of
general education and professional qualifications in Georgia, 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 Georgia
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 education 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,
- postgraduate 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
Georgia in the Community's Tempus programme.
Article 55
Agriculture and the agroindustrial sector
The purpose of cooperation in this area shall be the pursuance of
agrarian reform, the modernisation, privatisation and restructuring
of agriculture, the agroindustrial and service sectors in Georgia,
development of domestic and foreign markets for Georgian 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 Georgian standards to Community
technical regulations concerning industrial and agricultural food
products including sanitary and phytosanitary standards.
Article 56
Energy
1. Cooperation shall take place within the principles of the market
economy and the European Energy Charter and bearing in mind the
Energy Charter Treaty and the Protocol on Energy Efficiency and
Related Environmental Aspects, against a background of the
progressive integration of the energy markets in Europe.
2. The cooperation shall include among others the following areas:
- formulation and development of energy policy,
- improvement in management and regulation of the energy sector in
line with a market economy,
- improvement of energy supply, including security of supply, in an
economic and environmentally sound manner,
- promotion of energy saving and energy efficiency and
implementation of the Energy Charter Protocol on Energy Efficiency
and related environmental aspects,
- modernisation of energy infrastructures,
- improvement of energy technologies in supply and end use across
the range of energy types,
- management and technical training in the energy sector,
- transportation and transit of energy materials and products,
- the introduction of the range of institutional, legal, fiscal and
other conditions necessary to encourage increased energy trade and
investment,
- development of hydroelectric and other renewable energy resources.
3. The Parties shall exchange relevant information relating to
investment projects in the energy sector, in particular concerning
the construction and refurbishing of oil and gas pipelines or other
means of transporting energy products. They shall cooperate with a
view to implementing as efficaciously as possible the provisions of
Title IV and of Article 49, in respect of investments in the energy
sector.
Article 57
Environment
1. Bearing in mind the European Energy Charter and the Declaration
of the Lucerne Conference of 1993, and taking into account the
Energy Charter Treaty, and especially its Article 19, and the Energy
Charter Protocol on Energy Efficiency and related environmental
aspects, 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 the
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,
- technical assistance concerning rehabilitation of zones affected
by radioactivity and addressing related health and social problems,
- 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,
- environmental training and institutional strengthening,
- 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 with a view to achieving sustainable
development,
- environmental impact studies.
Article 58
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 Georgia, and
developing and ensuring, where appropriate, compatibility of
transportation systems in the context of achieving a more global
transport system. Particular consideration shall be given to
traditional communication links among Independent States in the
transcaucasus region and with other neighbouring States.
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, particularly those related
to the Traceca project,
- promotion and development of multimodal 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 59
Postal services and telecommunications
Within their respective powers and competences 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,
- carry out transfer of technology and know how, including on
European technical standards and certification systems,
- 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 subsectors,
- 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
telecommunications 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 60
Financial services
Cooperation shall in particular aim at facilitating the involvement
of Georgia 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 Georgia
in a universally accepted system of mutual settlements,
- the development of a fiscal system and its institutions in
Georgia, exchange of experience and personnel training,
- 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
Georgia, as well as the development of export credit insurance.
This cooperation shall in particular contribute to foster the
development of relations between Georgia and the Member States in
the financial services sector.
Article 61
Regional development
2. To this end, the Parties shall encourage the 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 62
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:
- optimise the labour market,
- modernise job-finding and consulting services,
- the planning and management of restructuring programmes,
- the encouragement of local employment development,
- the 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 Georgia.
These reforms shall aim to develop in Georgia methods of protection
intrinsic to market economies and shall comprise all forms of social
protection.
Article 63
Tourism
The Parties shall increase and develop cooperation between them,
which shall include:
- facilitating the tourist trade,
- increasing the flow of information,
- transfering know-how,
- studying the opportunities for joint operations,
- cooperation between official tourism bodies,
- training for tourism development.
Article 64
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 Georgia.
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 for the creation of a fund
for SMEs),
- the development of technology parks.
Article 65
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 Georgia, including, where
possible, access to databases, in full respect of intellectual
property rights.
Article 66
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, 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 67
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 Georgia'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 Georgia,
- simplification of inspections and formalities in respect of the
carriage of goods,
- support for 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 Articles 72 and 74, mutual assistance in
customs matters between administrative authorities of the Parties
shall take place in accordance with the provisions of the Protocol
attached to this Agreement.
Article 68
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 Georgia.
The Parties, in particular, shall cooperate in the following fields:
- adaptation of the Georgian 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 Georgia.
Article 69
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 Georgia in the process of economic reform by providing
expert advisory and technical assistance,
- to 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 70
Monetary policy
At the request of the Georgian authorities, the Community shall
provide technical assistance designed to support the efforts of
Georgia towards the strengthening of its monetary system and the
introduction of full convertibility of the currency.
This will include technical assistance for the design and
application of Georgia's monetary and credit policy, in full
coordination with the international financial institutions, for the
training of personnel, and for the development of financial markets,
including the stock exchange. It shall also include informal
exchanges of views concerning the principal and the functioning of
the European Monetary System and Community Regulations on financial
markets and capital movements.
TITLE VII
COOPERATION ON MATTERS RELATING TO DEMOCRACY AND HUMAN RIGHTS
Article 71
The Parties shall cooperate on all questions relevant to the
establishment or reinforcement of democratic institutions, including
those required in order to strengthen the rule of law, and the
protection of human rights and fundamental freedoms according to
international law and OSCE principles.
This cooperation shall take the form of technical assistance
programmes intended to assist, inter alia, in the drafting of
relevant legislation and regulations, the implementation of such
legislation; the functioning of the judiciary; the role of the State
in questions of justice; and the operation of the electoral system.
They may include training where appropriate. The Parties shall
encourage contacts and exchanges between their national, regional
and judicial authorities, parliamentarians, and non-governmental
organisations.
TITLE VIII
COOPERATION ON PREVENTION OF ILLEGAL ACTIVITIES AND THE PREVENTION
AND CONTROL OF ILLEGAL IMMIGRATION
Article 72
The Parties shall establish cooperation aimed at preventing illegal
activities such as:
- illegal activities in the sphere of economics, including
corruption,
- illegal transactions of various goods, including industrial waste,
- counterfeiting.
Cooperation in the abovementioned areas will be based on mutual
consultation and close interaction. Technical and administrative
assistance may be provided, including in the following areas:
- 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 impeding illegal
activities.
Article 73
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 74
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 75
Illegal immigration
1. The Member States and Georgia agree to cooperate in order to
prevent and control illegal immigration. To this end:
- Georgia agrees to readmit any of its nationals illegally present
on the territory of a Member State, on request by the latter and
without further formalities, and
- each Member State agrees to readmit any of its nationals, as
defined for Community purposes, illegally present on the territory
of Georgia, on request by the latter and without further
formalities.
The Member States and Georgia will also provide their nationals with
appropriate identity documents for such purposes.
2. Georgia agrees to conclude bilateral agreements with Member
States which so request, regulating specific obligations for
readmission including an obligation for the readmission of nationals
of other countries and stateless persons who have arrived on the
territory of any such Member State from Georgia or who have arrived
on the territory of Georgia from any such Member State.
3. The Cooperation Council shall examine what other joint efforts
can be made to prevent and control illegal immigration.
TITLE IX
CULTURAL COOPERATION
Article 76
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.
The cooperation may include:
- exchange of information and experience in the field of
conservation and protection of monuments, sites (architectural
heritage) and museum values,
- cultural exchange between institutions, artists and other persons
working in the area of culture,
- translation of literary works.
TITLE X
FINANCIAL COOPERATION IN THE FIELD OF TECHNICAL ASSISTANCE
Article 77
In order to achieve the objectives of this Agreement and in
accordance with Articles 78, 79 and 80, Georgia shall benefit from
temporary financial assistance from the Community by way of
technical assistance in the form of grants. The purpose of this
assistance shall be to accelerate the economic transformation of
Georgia.
Article 78
This financial assistance shall be covered within the framework of
TACIS as foreseen in the relevant Council Regulation.
Article 79
The objectives and the areas of the Community's financial assistance
shall be laid down in an indicative programme reflecting priorities
to be agreed between the two Parties taking into account Georgia's
needs, sectoral absorption capacities and progress with reform. The
Parties shall inform the Cooperation Council thereof.
Article 80
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 XI
INSTITUTIONAL, GENERAL AND FINAL PROVISIONS
Article 81
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 this 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 82
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 Georgia, 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 Georgia.
Article 83
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 Georgia 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 Georgia.
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 84
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 85
When examining any issue arising within the framework of this
Agreement in relation to a provision referring to an Article of the
GATT/WTO, the Cooperation Council shall take into account to the
greatest extent possible the interpretation that is generally given
to the Article of the GATT/WTO in question by the Members of the
WTO.
Article 86
A Parliamentary Cooperation Committee is hereby established. It
shall be a forum for Members of the Georgian Parliament and the
European Parliament to meet and exchange views. It shall meet at
intervals which it shall itself determine.
Article 87
1. The Parliamentary Cooperation Committee shall consist of Members
of the European Parliament, on the one hand, and of Members of the
Georgian Parliament, on the other.
3. The Parliamentary Cooperation Committee shall be presided in turn
by the European Parliament and the Georgian Parliament respectively,
in accordance with the provisions to be laid down in its rules of
procedure.
Article 88
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 89
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
Georgia,
- 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 90
Nothing in this Agreement shall prevent a Party from taking any
measures:
(a) which it considers necessary to prevent the disclosure of
information contrary to its essential security interests;
(b) 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 91
1. In the fields covered by this Agreement and without prejudice to
any special provisions contained therein:
- the arrangements applied by Georgia 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 Georgia
shall not give rise to any discrimination between Georgian
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 92
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, either Party may notify the other of
the appointment of a conciliator; the other Party must then appoint
a second arbitrator 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 on the Parties.
4. The Cooperation Council may establish rules of procedure for
dispute settlement.
Article 93
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 Article 14, 92 and 98.
Article 94
Treatment granted to Georgia thereunder shall in no case be more
favourable than that granted by the Member States to each other.
Article 95
For the purposes of this Agreement, the term "Parties" shall mean
Georgia of the one part, and the Community, or the Member States, or
the Community and the Member States, in accordance with their
respective powers, of the other part.
Article 96
In so far as matters covered by this Agreement are covered by the
Energy Charter Treaty and Protocols thereto, such Treaty and
Protocols shall on entry into force apply to such matters but only
to the extent that such application is provided for therein.
Article 97
This Agreement is concluded for an initial period of 10 years. This
Agreement shall be automatically renewed year by year provided that
neither Party gives the other Party written notice of denunciation
of this Agreement six months before it expires.
Article 98
1. The Parties shall take any general or specific measures required
to fulfil their obligations under this Agreement. They shall see to
it that the objectives set out in this Agreement are attained.
2. If either Party considers that the other Party has failed to
fulfil an obligation under this 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 this Agreement. These
measures shall be notified immediately to the Cooperation Council if
the other Party so requests.
Article 99
Annexes I, II, III, IV and V together with the Protocol shall form
an integral part of this Agreement.
Article 100
This Agreement shall not, until equivalent rights for individuals
and economic operators have been achieved thereunder, affect rights
assured to them through existing Agreements binding one or more
Member States, on the one hand, and Georgia, 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 101
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 Georgia.
Article 102
The Secretary-General of the Council of the European Union shall be
the depository of this Agreement.
Article 103
The original of this Agreement of which the Danish, Dutch, English,
Finnish, French, German, Greek, Italian, Portuguese, Spanish,
Swedish and Georgian languages, are equally authentic, shall be
deposited with the Secretary-General of the Council of the European
Union.
Article 104
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.
On its entry into force, and as far as relations between Georgia 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 105
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 by means of
an interim Agreement between the Community and Georgia, the Parties
agree that, in such circumstances, the term "date of entry into
force of this Agreement" shall mean the date of entry into force of
the interim Agreement.
Hecho en Luxemburgo, el veintidės de abril de mil novecientos
noventa y seis.
Udfördiget i Luxembourg, den toogtyvende april nitten hundrede og
seksoghalvfems.
Geschehen zu Luxemburg am zweiundzwanzigsten April
neunzehnhundertsechsundneunzig.
>ISO_7>øółżõ ėĮ˙ Ė˙įžõüņ˙žęó˙, ėĮłĖ õčś˙ėł ōž˙ ĮĘęłūč˙į ščūłń
õżżłńśŽėłń õżõżČżĮń ąžł.
>ISO_1>Done at Luxembourg on the twenty-second day of April in the
year one thousand nine hundred and ninety-six.
Fait š Luxembourg, le vingt-deux avril mil neuf cent
quatre-vingt-seize.
Fatto a Lussemburgo, addü ventidue aprile millenovecentonovantasei.
Gedaan te Luxemburg, de tweeūntwintigste april negentienhonderd
zesennegentig.
Feito no Luxemburgo, em vinte e dois de Abril de mil novecentos e
noventa e seis.
Tehty Luxemburgissa kahdentenakymmenentenōtoisena pōivōnō huhtikuuta
vuonna tuhatyhdeksōnsataayhdeksōnkymmentōkuusi.
Som skedde i Luxemburg den tjugoandra april nittonhundranittiosex.
>PIC FILE= "L_1999205EN.002601.TIF">
Pour le Royaume de Belgique/Voor het Koninkrijk Belgiū/FŽr das
KŠnigreich Belgien
>PIC FILE= "L_1999205EN.002701.TIF">
Cette signature engage łgalement la Communautł fran÷aise, la
Communautł flamande, la Communautł germanophone, la Rłgion wallonne,
la Rłgion flamande et la Rłgion de Bruxelles-Capitale./Deze
handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse
Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het
Waalse Gewest en het Brusselse Hoofdstedelijke Gewest./Diese
Unterschrift verbindet zugleich die Deutschsprachige Gemeinschaft,
die Flōmische Gemeinschaft, die FranzŠsische Gemeinschaft, die
Wallonische Region, die Flōmische Region und die Region
BrŽssel-Hauptstadt.
For Kongeriget Danmark
>PIC FILE= "L_1999205EN.002702.TIF">
FŽr die Bundesrepublik Deutschland
>PIC FILE= "L_1999205EN.002703.TIF">
>ISO_7>Ćłń Į÷ż Åūū÷żłśČ Ä÷ü˙śęńĮčń
>ISO_1>> PIC FILE= "L_1999205EN.002704.TIF">
Por el Reino de Espaęa
>PIC FILE= "L_1999205EN.002801.TIF">
Pour la Rłpublique fran÷aise
>PIC FILE= "L_1999205EN.002802.TIF">
Thar ceann na hÉireann/For Ireland
>PIC FILE= "L_1999205EN.002803.TIF">
Per la Repubblica italiana
>PIC FILE= "L_1999205EN.002804.TIF">
Pour le Grand-Duchł de Luxembourg
>PIC FILE= "L_1999205EN.002805.TIF">
Voor het Koninkrijk der Nederlanden
>PIC FILE= "L_1999205EN.002901.TIF">
FŽr die Republik Österreich
>PIC FILE= "L_1999205EN.002902.TIF">
Pela RepŪblica Portuguesa
>PIC FILE= "L_1999205EN.002903.TIF">
Suomen tasavallan puolesta/FŠr Republiken Finland
>PIC FILE= "L_1999205EN.002904.TIF">
FŠr Konungariket Sverige
>PIC FILE= "L_1999205EN.002905.TIF">
For the United Kingdom of Great Britain and Northern Ireland
>PIC FILE= "L_1999205EN.002906.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
FŠr Europeiska gemenskaperna
>PIC FILE= "L_1999205EN.003001.TIF">
>PIC FILE= "L_1999205EN.003002.TIF">
>PIC FILE= "L_1999205EN.003003.TIF">
LIST OF DOCUMENTS ATTACHED
>TABLE POSITION>
Protocol on mutual assistance between administrative authorities in
customs matters.
ANNEX I
INDICATIVE LIST OF ADVANTAGES GRANTED BY GEORGIA TO THE INDEPENDENT
STATES IN ACCORDANCE WITH ARTICLE 9(3)
All independent States:
3. Special system of non-commercial operations, including payments
resulting from these operations.
ANNEX II
INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY CONVENTIONS
REFERRED TO IN ARTICLE 42
1. Article 42(2) concerns the following multilateral conventions:
- 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
Micro-organisms 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 Article 42(2) shall
apply to other multilateral conventions. If problems in the area of
intellectual, industrial and commercial property affecting trading
conditions 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:
- Berne Convention for the Protection of Literary and Artistic Works
(Paris Act, 1971),
- 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 force of this Agreement, Georgia 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 Georgia to any third country on an effective reciprocal
basis and to advantages granted by Georgia to another country of the
former USSR.
ANNEX III
FINANCIAL SERVICES REFERRED TO IN ARTICLE 26(3)
A financial service is any service of a financial nature offered by
a financial service provider of a Party. Financial services include
the following activities:
A. All insurance and insurance-related services
4. Services auxiliary to insurance, such as consultancy, actuarial,
risk assessment and claim settlement services
B. Banking and other financial services (excluding insurance)
2. Lending of all types, including, inter alia, consumer credit,
mortgage credit, factoring and financing of commercial transactions
4. All payment and money transmission services, including credit
charge and debit cards, travellers cheques and bankers drafts
6. Trading for own account or for the account of customers, whether
on an exchange, in an over the counter market or otherwise, the
following:
(a) money market instruments (cheques, bills, certificates of
deposits, etc.)
(b) foreign exchange
(c) derivative products including, but not limited to, futures and
options
(d) exchange rates and interest rate instruments, including products
such as swaps, forward rate agreements, etc.
(e) transferable securities
(f) other negotiable instruments and financial assets, including
bullion
7. Participation in issues of all kinds of securities, including
underwriting and placement as agent (whether publicly or privately)
and provision of services related to such issues
9. Asset management, such as cash or portfolio management, all forms
of collective investment management, pension fund management,
custodial depository and trust services
10. Settlement and clearing services for financial assets, including
securities, derivative products, and other negotiable instruments
11. Advisory intermediation and other auxiliary financial services
on all the activities listed in points 1 to 10, including credit
reference and analysis, investment and portfolio research and
advice, advice on acquisitions and on corporate restructuring and
strategy
12. Provision and transfer of financial information, and financial
data-processing and related software by providers of other financial
services
The following activities are excluded from the definition of
financial services:
(a) activities carried out by central banks or by any other public
institution in pursuit of monetary and exchange-rate policies
(b) activities conducted by central banks, government agencies or
departments, or public institutions, for the account or with the
guarantee of the government, except when those activities may be
carried out by financial service providers in competition with such
public entities
(c) activities forming part of a statutory system of social security
or public retirement plans, except when those activities may be
carried out by financial service providers in competition with
public entities or private institutions
ANNEX IV
COMMUNITY RESERVATIONS IN ACCORDANCE WITH ARTICLE 23(2)
Mining
In some Member States, a concession may be required for mining and
mineral rights for non-Community 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-Community
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 infrastructure is restricted.
Professional services
Services reserved to natural persons who are nationals of Member
States. Under certain conditions those persons may create companies.
Agriculture
In some Member States national treatment is not applicable to
non-Community controlled companies which wish to undertake an
agricultural enterprise. The acquisition of vineyards by
non-Community 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 V
RESERVATIONS OF GEORGIA IN ACCORDANCE WITH ARTICLE 23(4)
1. Current Georgian investment legislation requires investments by
foreign companies and investments by Georgian companies in which the
State does not hold a controlling interest(1) to be licensed by the
competent Georgian authorities. The conditions for the issue of such
licences shall not result in discrimination between private Georgian
and foreign companies, as set out in Georgian law.
Such licensing may not be used in order to nullify the benefits
accorded to Community companies pursuant to Article 23(4) of this Agreement, nor to circumvent any other provisions of this Agreement.
In particular it may not be used to impede the establishment of
Community companies in any area of economic activity, except as
provided for below. No licence may be revoked without due
justification and any such revocation may be subject to appeal and,
if necessary, dispute settlement.
At the latest by 31 December 1998, Georgia shall bring its
legislation on licensing into conformity with standard international
practice and in particular with Community legislation. The Community
shall provide technical assistance in this area. During this
transitional period, Georgia shall not take any measures or actions
which render the conditions for establishment and operations of
Community companies more restrictive than the situation on the day
preceding the date of initialling of this Agreement.
2. Foreign investment is prohibited in the following areas:
- defence and security of Georgia,
- preparation and sale of narcotics and psychotropic substances,
- cultivation and sale of plants containing narcotic or poisonous
substances.
3. A foreign company requires special permission from the competent
authorities in Georgia if it wishes to carry out activities within
20 km of Georgia's borders or in other zones designated as vital to
national security or for the protection of Georgia's environment.
4. In the following areas of economic activity, Georgian legislation
requires the State to hold at least 51 % of the shares of
enterprises with foreign participation. This percentage may be
reduced if the Parliament of Georgia so determines:
- operation of gas and oil pipelines, communication and power
transmission lines, thermal lines of national importance and the
buildings and other facilities essential for their operation,
- operation of motor highways and railways, airports and maritime
ports of national importance in Georgia,
- issue of securities, bank notes, coins and stamps,
- treatment of patients suffering from highly dangerous infectious
diseases, including contagious skin and veneral diseases and mental
disorders,
- veterinary treatment of animals suffering from dangerous diseases,
- production of raw spirit.
5. Whereas Georgian legislation does not discriminate between
foreign investors and Georgian non-state enterprises regarding the
long-term leasing of land, it does not currently allow them to
purchase land or natural resources.
6. Foreign companies willing to prospect for or to exploit mineral
deposits, or to extract and exploit natural resources in Georgia or
on Georgia's continental shelf, require a concession from the
Government of Georgia.
The application of the reservations in this Annex can in no case
result in treatment less favourable than that accorded to companies
of any third country. Any relaxation of these restrictions will be
extended to Community companies on the basis of national treatment
or most-favoured-nation treatment, whichever is the better.
The future development of investment legislation in Georgia will
take place in conformity with the provisions and the spirit of this
Agreement including in particular its General Principles, the
conditions affecting the establishment and operation of companies,
and the provisions regarding legislative cooperation (Titles I, IV
and V) as well as the Exchange of Letters between the Community and
Georgia in relation to the establishment of companies.
(1) As defined in the Joint Declaration to this Agreement concerning
the notion of "control".
PROTOCOL
on mutual assistance between administrative authorities in customs
matters
Article 1
Definitions
For the purposes of this Protocol:
(a) "customs legislation" shall mean any legal or regulatory
provisions applicable in the territory of the Parties governing the
import, export, transit of goods and their placing under any customs
procedure, including measures of prohibition, restriction and
control;
(b) "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;
(c) "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;
(d) "personal data", shall mean all information relating to an
identified or identifiable individual.
Article 2
Scope
1. The Parties shall assist each other, in the areas within their
jurisdiction, in the manner and under the conditions laid down in
this Protocol, in preventing, detecting and investigating operations
in breach of customs legislation.
2. Assistance, in customs matters, as provided for in this Protocol,
shall apply 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 judicial authority, unless those authorities so
agree.
Article 3
Assistance on request
1. At the request of the applicant authority, the requested
authority shall furnish it with all relevant information to enable
it to ensure that customs legislation is correctly applied,
including information regarding operations noted or planned which
are or could be in breach of such legislation.
2. At the request of the applicant authority, the requested
authority shall inform it whether goods exported from the territory
of one of the Parties have been properly imported into the territory
of the other Party, specifying, where appropriate, the customs
procedure applied to the goods.
3. At the request of the applicant authority, the requested
authority shall, within the framework of its laws, take the
necessary steps to ensure that a surveillance is kept:
(a) on natural or legal persons of whom there are reasonable grounds
for believing that they are breaching or have breached customs
legislation;
(b) on places where goods are stored in a way that gives grounds for
suspecting that they are intended to supply operations in breach of
customs legislation;
(c) on movements of goods notified as possibly giving rise to
breaches of customs legislation;
(d) on means of transport for which there are reasonable grounds for
believing that they have been, are or might be used in operations in
breach 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 are or appear to be in breach of such legislation
and which may be of interest to another Party,
- new means or methods employed in carrying out such operations,
- goods known to be subject to breaches of customs legislation,
- natural or legal persons of whom there are reasonable grounds for
believing that they are or have been in breach of customs
legislation,
- means of transport for which there are reasonable grounds for
believing that they have been, are or might be used in operations in
breach 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 cases Article 6(3) shall
apply as far as the request itself is concerned.
Article 6
Form and substance of requests for assistance
1. Requests pursuant to this Protocol shall be made in writing. They
shall be accompanied by the documents necessary to enable compliance
with 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 reasons 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 who are 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 requested; precautionary measures
may, however, be ordered.
Article 7
Execution of requests
1. In order to comply with a request for assistance, the requested
authority shall proceed, within the limits of 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. This provision shall
also apply to the administrative department to which the request has
been addressed by the requested authority when the latter cannot act
on its own.
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
for which the requested authority is responsible, information
relating to operations which are or may be in breach 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 subject to 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 the sovereignty of Georgia or that of a
Member State which has been asked for assistance under this
Protocol; or
(b) be likely to prejudice public policy, security or other
essential interests, in particular in the cases referred to under
Article 10(2); or
(c) involve currency or tax regulations other than customs duties
legislation; or
(d) 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 refused, the decision and the reasons therefore
must be notified to the applicant authority without delay.
Article 10
Information exchange and confidentiality
1. Any information communicated in whatsoever form pursuant to this
Protocol shall be of a confidential or restiricted nature, depending
on the rules applicable in each of the Parties. 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 institutions.
2. Personal data may be exchanged only where the receiving Party
undertakes to protect such data in at least an equivalent way to the
one applicable to that particular case in the supplying Party.
3. Information obtained shall be used solely for the purposes of
this Protocol. Where one of the Parties requests the use of such
information for other purposes, it shall ask for the prior written
consent of the authority which furnished the information. Moreover,
it shall be subject to any restrictions laid down by that authority.
4. Paragraph 3 shall not impede the use of information in any
judicial or administrative proceedings subsequently instituted for
failure to comply with customs legislation. The competent authority
which supplied that information shall be notified of such use.
5. 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 11
Experts and witnesses
1. An official of a requested authority may be authorised to appear,
within the limitations of the authorisation granted, as an expert or
witness in judicial or administrative proceedings regarding the
matters covered by this Protocol in the jurisdiction of the other
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.
2. The authorised official shall enjoy the protection guaranteed by
existing legislation to officials of the applicant authority on its
territory.
Article 12
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 public service employees.
Article 13
Application
1. The application of this Protocol shall be entrusted to the
central customs authorities of Georgia 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
on the other. They shall decide on all practical measures and
arrangements necessary for its application, taking into
consideration the rules in force 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 14
Complementarity
Without prejudice to Article 10, any agreements on mutual assistance
which have been concluded between one or more Member States and
Georgia shall not prejudice Community provisions governing the
communication between the competent services of the Commission of
the European Communities 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 GEORGIA,
of the other part,
meeting in Luxembourg on 22 April 1996 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 Georgia, 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 Georgia have adopted the texts of the Joint
Declarations listed below and annexed to this Final Act:
Joint Declaration in relation to Article 6 of the Agreement
Joint Declaration concerning Article 15 of the Agreement
Joint Declaration concerning the notion of "control" in Article
25(b) and Article 36
Joint Declaration concerning Article 35 of the Agreement
Joint Declaration concerning Article 42 of the Agreement
Joint Declaration concerning Article 98 of the Agreement
The plenipotentiaries of the Member States and of the Community and
the plenipotentiaries of Georgia have further taken note of the
following Exchange of Letters annexed to this Final Act:
Exchange of Letters between the Community and Georgia in relation to
the establishment of companies
The plenipotentiaries of the Member States and of the Community and
the plenipotentiaries of Georgia have also taken note of the
following Declaration annexed to this Final Act:
Declaration by the French Government
Hecho en Luxemburgo, el veintidės de abril de mil novecientos
noventa y seis.
Udfördiget i Luxembourg, den toogtyvende april nitten hundrede og
seksoghalvfems.
Geschehen zu Luxemburg am zweiundzwanzigsten April
neunzehnhundertsechsundneunzig.
>ISO_7>øółżõ ėĮ˙ Ė˙įžõüņ˙žęó˙, ėĮłĖ õčś˙ėł ōž˙ ĮĘęłūč˙į ščūłń
õżżłńśŽėłń õżõżČżĮń ąžł.
>ISO_1>Done at Luxembourg on the twenty-second day of April in the
year one thousand nine hundred and ninety-six.
Fait š Luxembourg, le vingt-deux avril mil neuf cent
quatre-vingt-seize.
Fatto a Lussemburgo, addü ventidue aprile millenovecentonovantasei.
Gedaan te Luxemburg, de tweeūntwintigste april negentienhonderd
zesennegentig.
Feito no Luxemburgo, em vinte e dois de Abril de mil novecentos e
noventa e seis.
Tehty Luxemburgissa kahdentenakymmenentenōtoisena pōivōnō huhtikuuta
vuonna tuhatyhdeksōnsataayhdeksōnkymmentōkuusi.
Som skedde i Luxemburg den tjugoandra april nittonhundranittiosex.
>PIC FILE= "L_1999205EN.004401.TIF">
Pour le Royaume de Belgique/Voor het Koninkrijk Belgiū/FŽr das
KŠnigreich Belgien
>PIC FILE= "L_1999205EN.004501.TIF">
Cette signature engage łgalement la Communautł fran÷aise, la
Communautł flamande, la Communautł germanophone, la Rłgion wallonne,
la Rłgion flamande et la Rłgion de Bruxelles-Capitale./Deze
handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse
Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het
Waalse Gewest en het Brusselse Hoofdstedelijke Gewest./Diese
Unterschrift verbindet zugleich die Deutschsprachige Gemeinschaft,
die Flōmische Gemeinschaft, die FranzŠsische Gemeinschaft, die
Wallonische Region, die Flōmische Region und die Region
BrŽssel-Hauptstadt.
For Kongeriget Danmark
>PIC FILE= "L_1999205EN.004502.TIF">
FŽr die Bundesrepublik Deutschland
>PIC FILE= "L_1999205EN.004503.TIF">
>ISO_7>Ćłń Į÷ż Åūū÷żłśČ Ä÷ü˙śęńĮčń
>ISO_1>> PIC FILE= "L_1999205EN.004504.TIF">
Por el Reino de Espaęa
>PIC FILE= "L_1999205EN.004601.TIF">
Pour la Rłpublique fran÷aise
>PIC FILE= "L_1999205EN.004602.TIF">
Thar ceann na hÉireann/For Ireland
>PIC FILE= "L_1999205EN.004603.TIF">
Per la Repubblica italiana
>PIC FILE= "L_1999205EN.004604.TIF">
Pour le Grand-Duchł de Luxembourg
>PIC FILE= "L_1999205EN.004605.TIF">
Voor het Koninkrijk der Nederlanden
>PIC FILE= "L_1999205EN.004701.TIF">
FŽr die Republik Österreich
>PIC FILE= "L_1999205EN.004702.TIF">
Pela RepŪblica Portuguesa
>PIC FILE= "L_1999205EN.004703.TIF">
Suomen tasavallan puolesta/FŠr Republiken Finland
>PIC FILE= "L_1999205EN.004704.TIF">
FŠr Konungariket Sverige
>PIC FILE= "L_1999205EN.004705.TIF">
For the United Kingdom of Great Britain and Northern Ireland
>PIC FILE= "L_1999205EN.004706.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
FŠr Europeiska gemenskaperna
>PIC FILE= "L_1999205EN.004801.TIF">
>PIC FILE= "L_1999205EN.004802.TIF">
>PIC FILE= "L_1999205EN.004803.TIF">
Joint Declaration in relation to Article 6
Should the Parties agree that circumstances warrant meetings at the
highest level, such meetings may be arranged on an ad hoc basis.
Joint Declaration concerning Article 15
Until Georgia accedes to the WTO, the Parties shall hold
consultations in the Cooperation Committee on their import tariff
policies, including changes in tariff protection. In particular,
such consultations shall be offered prior to the increase of tariff
protection.
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 factural 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 35
The sole fact of requiring a visa for natural persons of certain
Parties and not for those of others shall not be regarded as
nullifying or impairing benefits under a specific commitment.
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 10bis of the Paris Convention for the protection of
Industrial Property and protection of undisclosed information on
know-how.
Joint Declaration concerning Article 98
1. The Parties agree, for the purpose of its correct interpretation
and its practical application, that the term "cases of special
urgency" included in Article 98 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.
2. The Parties agree that the "appropriate measures" referred to in
Article 98 are measures taken in accordance with international law.
If a Party takes a measure in a case of special urgency as provided
for under Article 98, the other Party may avail itself of the
procedure relating to settlement of disputes.
EXCHANGE OF LETTERS
between the Community and Georgia in relation to the establishment
of companies
A. Letter from the Government of Georgia
Sir,
I refer to the Partnership and Cooperation Agreement initialled on
15 December 1995.
As I underlined during the negotiations, Georgia grants to Community
companies establishing and operating in Georgia in certain respects
a privileged treatment. I explained that this reflects the Georgian
policy to promote by all means the establishment of Community
companies in Georgia.
With this in mind, it is my understanding that during the period
between the date of initialling of the Agreement and the entry into
force of the relevant articles on establishment of companies,
Georgia shall not adopt measures or regulations which would
introduce or worsen discrimination of Community companies vis-š-vis
Georgian companies or companies from any third country as compared
to the situation existing on the date of initialling of this
Agreement.
I would be obliged if you would acknowledge receipt of this letter.
Please accept, Sir, the assurance of my highest consideration.
For the Government of Georgia
B. Letter from the European Community
Sir,
Thank you for your letter of today's date, which reads as follows:
"I refer to the Partnership and Cooperation Agreement initialled on
15 December 1995.
As I underlined during the negotiations, Georgia grants to Community
companies establishing and operating in Georgia in certain respects
a privileged treatment. I explained that this reflects the Georgian
policy to promote by all means the establishment of Community
companies in Georgia.
With this in mind, it is my understanding that during the period
between the date of initialling of this Agreement and the entry into
force of the relevant articles on establishment of companies,
Georgia shall not adopt measures or regulations which would
introduce or worsen discrimination of Community companies vis-š-vis
Georgian companies or companies from any third country as compared
to the situation existing on the date of initialling of this
Agreement.
I would be obliged if you would acknowledge receipt of this letter".
I acknowledge receipt of the letter.
Please accept, Sir, the assurance of my highest consideration.
On behalf of the European Community
Declaration by the French Government
The French Republic notes that the Partnership and Cooperation
Agreement with Georgia does not apply to the overseas countries and
territories associated with the European Community pursuant to the
Treaty establishing the European Community.