Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013015193&caller=list&article_lang=F&row_id=500&numero=544&pub_date=2014-09-17&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+
Posted the: 2014-09-17 Numac: 2013015193 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE July 19, 2013. -Law concerning consent to the partnership and cooperation agreement between the European Union and its Member States, of one part, and the Republic of Iraq, on the other hand, done at Brussels on 11 may 2012 (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the partnership and cooperation agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, on the other hand, done at Brussels on 11 may 2012, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, July 19, 2013.
ALBERT by the King: the Deputy Prime Minister and Minister for Foreign Affairs, international trade and European Affairs, D. REYNDERS sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Session 2012-2013.
Documents: Bill filed 04/17/2013, no. 5 - 2037/1.
Annexes, no. 5 - 2037/2 report on behalf of the Committee, no 5 - 2037/3.
Parliamentary Annals Discussion, meeting of June 13, 2013.
Vote, meeting of June 13, 2013.
Room Documents: Draft transmitted by the Senate, no. 53-2885/1.
Report on behalf of the Committee, no. 53-2885/2.
Text adopted in plenary meeting and submitted to the Royal assent, no 53-2885/3.
Parliamentary Annals Discussion, meeting of July 10, 2013.
Vote, meeting of July 10, 2013.
(2) see Decree of the Flemish community / the Flemish Region of 19 July 2013 (Moniteur belge of 20 August 2013 (Ed. 2)). Decree of the French community of July 4, 2013 (Moniteur belge of 23 July 2013).
Decree of the German-speaking community of September 17, 2013 (Moniteur belge of 22 October 2013 (Ed. 2)).
Decree of the Walloon Region from July 10, 2013 (Moniteur belge of 31 July 2013). Order of the Region of Brussels - capital of January 30, 2014 (Moniteur belge of 6 March 2014). Order of the common Community Commission of February 27, 2014 (Moniteur belge of April 2, 2014) of partnership and cooperation agreement between the European Union and its Member States, of one part, and the Republic of Iraq, on the other hand the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic , THE KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF CYPRUS, THE REPUBLIC OF LATVIA, THE REPUBLIC OF LITHUANIA, THE GRAND-DUCHY OF LUXEMBOURG, THE REPUBLIC OF HUNGARY, MALTA, THE KINGDOM OF THE NETHERLANDS, THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF POLAND, THE PORTUGUESE REPUBLIC, ROMANIA, THE REPUBLIC OF SLOVENIA, THE SLOVAK REPUBLIC, THE REPUBLIC OF FINLAND, THE KINGDOM OF SWEDEN THE United Kingdom of Great Britain and Northern Ireland, Contracting Parties to the Treaty on European Union and to the Treaty on the functioning of the European Union, hereinafter referred to as the 'Member States', and the European UNION, hereinafter referred to as "the Union", on the one hand, and the LA REPUBLIQUE Republic of IRAQ, hereinafter referred to as "Iraq", on the other hand, collectively referred to as "the parties", whereas the links between the Union, its Member States and Iraq and the common values that they share Recognizing that the Union, its Member States and Iraq wish to strengthen these links and to establish trade relations and political cooperation supported by dialogue, considering the importance that the parties attach to the purposes and principles of the Charter of the United Nations, as well as respect for human rights, democratic principles and the political and economic freedoms which constitute the basis of the partnership Reaffirming their commitment to democratic principles, human rights and fundamental freedoms enshrined in the Universal Declaration of human rights and in other international instruments relating to the human rights, recognizing the importance of sustainable development and social development, which must go hand in hand with economic development, recognizing the importance of strengthening their cooperation and their common desire to consolidate deepen and diversify their relations in areas of mutual in respect of sovereignty, equality, non-discrimination, the rule of law and good governance, as well as the environment and the principle of mutual benefit, recognizing the need to support the efforts made by Iraq to pursue political reforms, as well as recovery and economic reforms and to improve the living conditions of poor and disadvantaged of the population Recognizing the need to strengthen the role played by women in political, civil, social, economic and cultural spheres and of combating discrimination, desiring to create conditions favourable to development and a substantial diversification of trade between the Union and Iraq and to intensify cooperation in the fields of economy, trade, investment, science and technology and culture Eager to promote trade and investment, as well as the development of harmonious economic relations between the parties based on the principles of market economy, having regard to the need to create conditions conducive to the improvement of trade and investment, aware of the need to improve the factors affecting business and investment, and the conditions affecting the establishment of companies , employment, provision of services and the movement of capital, taking account of the right of the parties to regulate the provision of services in their territories and to ensure the achievement of legitimate public policy objectives, taking account of their commitment to conduct their trade in accordance with the agreement establishing the WTO trade signed in Marrakesh on 15 April 1994 (hereinafter ' the WTO agreement') and from their mutual interest in the accession of Iraq to this agreement, recognizing the needs of developing countries in the WTO, recognizing that terrorism, organized crime, money laundering and drug trafficking pose serious threats to security and stability international as well as on the realization of the objectives of their cooperation AWARE of the importance to encourage and strengthen regional cooperation, confirming that the provisions of this agreement that fall within part III, title V of the Treaty on the functioning of the European Union bind the United Kingdom and Ireland as contracting parties separate and not as members of the Union European Union unless European does not notify Iraq that one or other of these two States is now linked to these issues as a Member European Union, in accordance with the Protocol (No 21) on the position of the United Kingdom and Ireland with respect to the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the functioning of the Union European. The same provisions apply to Denmark, in accordance with the Protocol (No 22) on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the functioning of the European Union, have agreed as follows: ARTICLE 1 establishment of a partnership 1. A partnership is established between the Union and its Member States, on one hand, and Iraq, another part 2. Its objectives are the following: a) register the political dialogue between the parties in an appropriate framework allowing the development of political relations;
(b) to promote trade and investment and harmonious economic relations between the parties and therefore foster their sustainable economic development; and (c) provide a basis for legislative, economic, social, financial and cultural cooperation.
ARTICLE 2 basic respect for democratic principles and human rights listed in the Universal Declaration of human rights and in other relevant international instruments, as well as the principles of the rule of law underpins policy domestic and international of both parties and constitutes an essential element of this agreement.
TITLE I DIALOGUE policy and COOPERATION in respect of policy foreign and security ARTICLE 3 Dialogue policy 1. A regular political dialogue is established between the parties to strengthen their relations, contribute to the development of a partnership and to increase the mutual understanding and solidarity.
2. the political dialogue focuses on all subjects of common interest, in particular on peace, foreign policy and security, national dialogue and reconciliation, democracy, the rule of law, human rights, good governance, stability and integration regional.
3. the political dialogue is held on an annual basis at the level of Ministers and senior officials.
ARTICLE 4 fight against terrorism reaffirming the importance of the fight against terrorism, the parties agree to cooperate to prevent and suppress terrorist acts, in compliance with international conventions, international law
in the matter of the rights of man, international humanitarian law and international law of refugees, as well as their laws and respective regulations. This cooperation is carried out including: has) in the context of the implementation of resolution 1373 (2001) of the Security Council of the United Nations and other relevant resolutions of the United Nations, of the strategy of the United Nations for the fight against terrorism, as well as conventions and international instruments;
(b) through an exchange of information on terrorist groups and their support networks in accordance with international and national law; and c) by Exchange of views on means and methods used to prevent terrorist acts, in particular on the technical means and the actions of training, and by Exchange of experiences in the field of the prevention of terrorism.
The parties always have the will to achieve, as soon as possible, an agreement on the comprehensive convention of the United Nations on international terrorism.
Deeply concerned by incitement to commit terrorist acts, the parties reaffirm their commitment to take all necessary and appropriate measures, in compliance with national and international law, to counter this threat.
ARTICLE 5 fight against the proliferation of weapons of mass destruction the parties consider that the proliferation of weapons of mass destruction (WMD) and their means of delivery, for the benefit of State and non-State actors, constitutes one of the most serious threats to international stability and security. They therefore agree to cooperate and to contribute to the fight against the proliferation of these WMD and their delivery systems ensuring full compliance and implementation, at the national level, the obligations they have assumed in the framework of treaties and international agreements on disarmament and non-proliferation and other international obligations in this area. The parties agree that this provision constitutes an essential element of this agreement.
The parties furthermore agree to cooperate and to contribute to the fight against the proliferation of WMD and their means of delivery: was) taking action to sign or to ratify all other international instruments in this field, or accede to, as appropriate, and implement them fully;
(b) putting in place an effective system of national export controls, both on the export and transit of goods which could be used for the manufacture of WMD, including controlling the end-use of dual-use technologies and providing for effective sanctions for breaches of export controls.
The parties agree to establish a regular political dialogue that will accompany and consolidate these elements.
ARTICLE 6 small and light weapons caliber 1. The parties acknowledge that the manufacture, transfer and the movement of illicit arms and light weapons and small arms (SALW), including their ammunition, as well as excessive accumulation, poor management, inadequately secured stockpiles and uncontrolled weapons spread continue to pose a serious threat to the peace and security international.
2. the parties agree to observe and to fully perform their respective obligations in the fight against the illicit trade in SALW, including their ammunition, in accordance with existing international agreements and resolutions adopted by the United Nations Security Council, as well as the commitments to which they have subscribed under other applicable international instruments in this area such as the programme of action of the Nations United to prevent, combat and eradicate the illicit trade in SALW in all its aspects.
3. the parties undertake to cooperate and to ensure coordination, complementarity and synergy of the efforts they are making to combat the illicit trade in SALW, including their ammunition, at the global, regional, subregional and national level and agree to establish a regular political dialogue that will accompany and consolidate this commitment.
ARTICLE 7 international criminal court 1. The parties reaffirm that the most serious crimes affecting the whole of the international community cannot remain unpunished and that prosecution of perpetrators must be ensured by measures taken at the national and international level.
2. the parties recognize that Iraq is not yet a State party to the Rome Statute of the International Criminal Court, but examine the possibility of acceding in the future. To this end, Iraq will take steps to accede to the Rome Statute and related instruments, ratify them and implement them.
3. the parties reaffirm their determination to cooperate on this issue, in particular by sharing experience in the adoption of the legal changes required by applicable international law in this area.
Title II trade and investment SECTION Ire trade in goods Chapter I General provisions ARTICLE 8 scope and field of application this chapter applies to trade in goods between the parties.
ARTICLE 9 customs duties for the purposes of this chapter, there is to be understood by "customs duty" all right or another tax of any kind whatsoever, perceived the importation or exportation of a good, particularly in the form of a surcharge or a supplementary tax collected on the occasion of this import or export, excluding: has) any taxation equivalent to an internal tax applied in accordance with article 11;
(b) any duty imposed in accordance with title II, section I, chapter II, of this agreement;
(c) any law as applied in accordance with articles VI, XVI and XIX of the general agreement on tariffs and Trade 1994 (hereinafter ' GATT 1994'), to the WTO agreement on implementation of article VI of the GATT 1994, the WTO agreement on subsidies and countervailing measures, the agreement of the WTO on backups article 5 of the WTO agriculture agreement or memorandum agreement of the WTO on rules and procedures governing the settlement of disputes (hereinafter "memorandum of understanding on the settlement of disputes");
(d) any royalty or other tax imposed pursuant to the law of a party, in accordance with article VIII of GATT 1994, as well as his notes and additional provisions.
ARTICLE 10 MFN treatment 1. The parties shall agree on the treatment of the most favoured nation, in accordance with article 1, paragraph 1, of the GATT 1994, as well as his notes and additional provisions.
2. the provisions of paragraph 1 shall not apply: a) to the advantages granted with the aim of creating a customs union or a free trade area in accordance with the GATT 1994 or resulting from the creation of such a customs union or free trade area;
(b) to the advantages granted to certain countries in accordance with the GATT 1994 and other international arrangements in favour of developing countries.
ARTICLE 11 treatment national each party grants national treatment to the products of the other party, in accordance with article III of GATT 1994, as well as his notes and additional provisions. To this end, article III of the GATT 1994, his notes and additional provisions are incorporated into this agreement which they are an integral part, mutatis mutandis.
ARTICLE 12 policy tariff 1. Products originating from Iraq imported into the Union are subject to the MFN tariffs of the Union. No customs duties in excess of those affecting imports from members of the WTO in accordance with article I of the GATT 1994 is applied to products originating in Iraq imported into the Union.
2. on importation into Iraq, products originating in the Union are subject to any customs duties exceeding the reconstruction of 8% tax currently applied to imported products.
3. the parties agree that, until Iraq's accession to the WTO, the level of customs import duties can be changed after they are consulted.
4. If, after the signature of this agreement, Iraq apply a tariff reduction to imports erga omnes, in particular a reduction resulting from the tariff negotiations in the WTO, this reduced customs duty applied to imports from the Union and replaces the basic duty or the reconstruction fee from the date upon which this reduction is applied.
ARTICLE 13 Application of the relevant provisions of GATT 1994 the following articles of the GATT 1994 are incorporated into this agreement which they are an integral part and shall apply mutatis mutandis between the parties: a) article V, with its notes and additional provisions;
((b) article VII, paragraphs 1, 2 and 3, article VII, paragraph 4, point a), b) and d), and article VII, paragraph 5, including notes and additional provisions thereto, as well as the WTO agreement on implementation of article VII of the GATT 1994;
c) article VIII, with his notes and additional provisions;
d) article IX;
(e) article X. ARTICLE 14 harmonised system for the description of the goods classification of goods in trade between the parties is that provided for in the respective tariff nomenclatures parts interpreted in accordance with the harmonized system established by the convention
International on the harmonized commodity description and coding system signed in Brussels on 14 June 1983 (hereinafter 'The HS').
ARTICLE 15 Temporary Admission of goods without prejudice to the rights and obligations arising from international conventions on the temporary admission of goods which bind the parties, each party grants to the other exemption from duties and taxes on imports of goods admitted temporarily. The temporary importation procedure is applied taking into account the conditions to which the parties agreed with the obligations under these conventions.
ARTICLE 16 prohibition of quantitative restrictions upon the entry into force of this agreement, the Union and Iraq delete and should refrain from adopting or maintaining, in the context of their exchanges, restrictions on the import or export or any other measure having equivalent effect, in accordance with article XI of the GATT 1994 and its notes and additional provisions. To this end, article XI of the GATT 1994 and its notes and additional provisions are incorporated into this agreement which they are an integral part, mutatis mutandis.
ARTICLE 17 rights to export no party may maintain or impose duties of customs, taxes or other fees and charges levied export or related to the exportation of goods to the other party. No party may maintain or introduce taxes, fees and taxes on the goods exported to the other party exceeding those applied to similar products intended to be sold on the domestic market.
Chapter II ARTICLE 18 anti-dumping 1 commercial defence INSTRUMENTS. No provision of this Agreement shall preclude adoption by the parties, of anti-dumping measures or countervailing, in accordance with article VI of the GATT 1994, including its notes and additional provisions, the agreement on implementation of article VI of the general agreement on tariffs and Trade 1994 and the agreement on subsidies and countervailing measures.
2. This section is not subject to the provisions of title II, section VI, of this agreement.
ARTICLE 19 safeguard measures 1. Nothing in this Agreement shall preclude the adoption by the parties of measures in accordance with article XIX of the GATT 1994 and the WTO safeguard agreement.
2. This section is not subject to the provisions of title II, section VI, of this agreement.
Chapter III EXCEPTIONS ARTICLE 20 General Exceptions provisions of article XX of GATT 1994, including its notes and additional provisions, and article XXI of the GATT 1994, that are incorporated in the agreement and which they form an integral part, shall apply between the parties, mutatis mutandis.
Chapter IV QUESTIONS NON tariff ARTICLE 21 industrial standards, conformity assessment and technical regulations 1.
Relations with the WTO agreement on technical barriers to trade the provisions of the WTO agreement on technical barriers to trade (hereinafter "the TBT agreement"), which is incorporated into the agreement and which is an integral part, shall apply between the parties, mutatis mutandis.
2. scope and field of application the provisions of this chapter apply in the preparation, adoption and application of technical regulations, standards and such conformity assessment procedures as defined in the TBT agreement.
3. objectives the cooperation between the parties on technical regulations, standards and conformity assessment procedures has for objectives: has) to avoid or reduce technical barriers to trade and facilitating trade between the parties;
(b) to improve access to the respective markets of the parties by improving the safety, quality and competitiveness of products;
c) to promote increased use of technical regulations, standards and international conformity assessment procedures, including of sectoral measures, and the implementation of international best practices in their preparation;
(d) ensure that the development, adoption and application of standards and technical regulations are transparent and do not unnecessarily impede trade between the parties, in accordance with the provisions of the TBT agreement;
(e) to set up the necessary infrastructure to technical regulations, standardization, conformity, certification, metrology assessment and surveillance of the market in Iraq;
(f) to create functional links between the institutions responsible for Standardization, conformity assessment and in Iraq and in the Union regulations;
(g) to encourage the effective participation of Iraqi institutions in the work of the international standards bodies and of the TBT Committee.
4. technical regulations, standards and conformity assessment procedures) the parties shall ensure that the development, adoption or the law enforcement techniques, standards and conformity assessment procedures have for purpose or effect of creating unnecessary obstacles to trade between the parties, in accordance with the provisions of the TBT agreement.
(b) the parties shall endeavour to the extent possible, to harmonize their standards, technical regulations and conformity assessment procedures.
5. transparency and notification) the obligations for sharing information on technical regulations, standards and conformity assessment procedures under the TBT Agreement shall apply between the parties.
(b) the parties agree to Exchange, through their contact points, information on issues with a potential interest in their trade relations, including on rapid alerts, as well as the opinions and scientific events.
(c) the parties may cooperate to the establishment and maintenance of contact points, as well as to the establishment and management of common databases.
Chapter V measures sanitary and phytosanitary ARTICLE 22 measures sanitary and phytosanitary 1. The parties shall cooperate in the field of sanitary and phytosanitary measures with aim to facilitate trade while protecting the health and life of humans and animals and preserving plants. The provisions of the WTO agreement on the application of sanitary and phytosanitary measures (hereinafter "the SPS Agreement"), which is incorporated into the agreement and which is an integral part, shall apply between the parties, mutatis mutandis.
2. upon request, the parties may identify and deal with the problems resulting from the application of sanitary and phytosanitary measures specific to achieve mutually acceptable solutions.
SECTION II trade SERVICES and establishment ARTICLE 23 scope 1. This section lays down the rules necessary for the progressive liberalization of trade in services and between the parties.
2. This section shall apply to measures affecting trade in services and the establishment of economic activities, with the exception: has) from the extractive industries, manufacturing industries and processing of nuclear fuel;
(b) the manufacture and trade in arms, munitions and war material;
(c) audiovisual and cultural services;
(d) education services;
(e) health care and social services;
f) national maritime cabotage;
(g) air transport and air transport auxiliary services other services that: i) the repair and maintenance services of aircraft for which the aircraft is withdrawn from service;
(ii) the sale or marketing of air transport services;
(iii) services related to computerized reservation systems;
(iv) groundhandling services;
(v) services of leasing of aircraft with crew);
(vi) the operation of airport services; and h) space transportation services.
3. no provision of this section shall be construed as imposing any obligation on public procurement.
4. the provisions of this section shall not apply to grants made by the parties.
5. pursuant to the provisions of this section, each Party retains the right to regulate and to introduce new regulations to achieve legitimate policy objectives.
ARTICLE 24 Definitions for the purposes of this section, means: a) 'natural person of the Union', a national of one of the Member States of the Union in accordance with its legislation and 'natural person of Iraq', a national of Iraq in accordance with its legislation;
(b) ' legal person', any legal entity duly constituted or otherwise organized under applicable law, for profit or not, and owned by the private sector or the public sector, including any corporation, society of trust (trust), partnership (partnership), joint venture, sole proprietorship or association;
(c) "legal person of the Union" or "legal person of Iraq", a corporation incorporated under the law of a Member State of the Union or Iraq, respectively, and whose registered office, central administration or principal place of business is located, respectively, in the territory to which apply
the Treaty on European Union and the Treaty on the functioning of the European Union or on the territory of Iraq. If only its registered office, central administration or principal place of activity lies within the territory to which apply the Treaty on European Union and the Treaty on the functioning of the European Union or on the territory of Iraq, respectively, a legal person is not considered as a legal person of the Union or a legal person of Iraq, respectively, unless its activities have a real and continuous link with the economy of the Union or Iraq respectively;
((d) Notwithstanding paragraph (c)), shipping companies established outside the Union or Iraq and controlled by nationals, respectively, of a Member State of the Union or Iraq are also benefiting from the provisions of this agreement, if their vessels are registered in that Member State of the Union or in Iraq in accordance with their respective legislation and fly the flag of a Member State of the Union or Iraq;
(e) ' economic activity' means any activity excluding the activities carried out in the exercise of public authorities, i.e. the activities which are not exercised neither on a commercial basis, nor in competition with one or more economic operators;
(f) "subsidiary", a legal entity which is effectively controlled by another legal person;
(g) "branch" of a legal person, an institution that has no legal personality, has the appearance of permanency, as the extension of a parent body, has a management and is equipped materially to negotiate business with third parties, so that the latter, although knowing that there will be, if necessary, a legal society relation mother whose seat is abroad are not required to deal directly with it, but can perform business transactions instead of the institution constituting the extension;
(h) "service provider" of a party, any physical or legal person of a party who wishes to provide or provides a service;
(i) 'trade services', the supply of a service in the following manner: i) from the territory of a party to the territory of the other party;
(ii) in the territory of a party to a consumer of services of the other party;
(iii) by a service provider of a party through the establishment in the territory of the other party;
(iv) by a service provider of a party thanks to the presence of natural persons in the territory of the other party;
(j) "measure" means any measure taken by a party, whether as law, regulation, rule, procedure, decision, administrative decision, or in any other form;
(((k) ' measures adopted or maintained by a party", measures taken by: i) Governments and Central, regional or local administrations, ii) non-governmental bodies when exercising powers delegated by Central, regional or local, Governments and administrations
(l) 'services', all services in all sectors except services supplied in the exercise of governmental authority;
(((m) ' establishment', any type of commercial establishment or professional, including the form: i) of the constitution, acquisition or maintaining of a legal person, or ii) the creation or maintenance of a branch or a representative office on the territory of a party to economic activity;
(n) "investor" of a party, any physical or legal person who wishes to exercise or exercises an economic activity through the creation of an institution;
o) "service" supplied in the exercise of governmental authority, any service which is supplied neither on a commercial basis, nor in competition with one or more service providers.
ARTICLE 25 1. Upon the entry into force of this agreement, the Union extends to services or service providers of Iraq the treatment resulting from the list of the specific commitments on national treatment and market access made by the Union and its Member States under the general agreement on trade in services (hereinafter ' GATS').
2. upon the entry into force of this agreement and subject to paragraph 3, Iraq grants services, service providers, institutions and investors of the Union, in the service sector as in other sectors, treatment no less favourable than that it accords to its own services, service providers, institutions and investors similar or, if it is more advantageous services, service providers, institutions and similar investors of any third country.
(3 the Iraq may change the treatment of services, service providers, institutions and investors of the Union by subjecting it to conditions and restrictions resulting in a less favourable treatment than it treats its own services, service providers, institutions and similar investors, provided that: a) the treatment extended to services, service providers institutions and investors of the Union is not less favourable than that Iraq reserves services, service providers, institutions and similar investors of any third country;
(b) Iraq shall notify its intention to the Commission of the European Union (hereinafter referred to as the 'Commission') four months before the date set for the implementation of these conditions. At the request of the Commission, Iraq justifies, detailed way, the application of the conditions and limitations. In the absence of communication to Iraq within eight weeks, these conditions and restrictions are deemed accepted by the Union.
(c) if one of the parties so requests, the proposed restrictions and conditions are subject to the review and approval of the cooperation Committee.
4. without prejudice to the benefits of the treatment accorded to the services, service providers, institutions and investors of the Union pursuant to paragraph 2 of this article, Iraq, when it has acceded to the WTO, extend also to the services and service providers of the Union treatment resulting from its list of specific commitments to the GATS.
ARTICLE 26 1. The most-favoured-nation treatment granted in accordance with the provisions of this section does not apply to the tax advantages which the parties agree or agree in the future on the basis of agreements to avoid double taxation or other tax arrangements.
2. no provision of this section shall be construed to prevent the adoption or enforcement by the parties of measures to avoid fiscal evasion pursuant to the tax provisions of agreements to avoid double taxation and other tax arrangements or national tax legislation.
3. nothing in this section shall be construed to prevent Member States or Iraq 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 27 other agreements nothing in this section may limit the rights of investors to parties to benefit from more favourable treatment provided for in an international agreement on investment, existing or future, to which a Member State of the Union or Iraq are parties.
ARTICLE 28 transparency each Party responds in the shortest time limits to requests for specific information from the other party and on any of its measures of general application or international agreement to or affecting this agreement. Each party establishes also one or more enquiry points responsible for providing services of the other party providers that make the request for specific information on these questions. These information points are listed in Appendix 3. Information points will not need to be depositories of laws and regulations.
ARTICLE 29 Exceptions 1.
The provisions of this section are subject to the exceptions provided for in this section. Provided that such measures are not applied to constitute either a means of arbitrary discrimination or unjustifiably between countries where like conditions prevail, or a disguised restriction on trade in services, nothing in this section shall be construed as preventing the adoption or enforcement by either party of measures: a) necessary for the protection of public security or public morals or to maintain public order;
(b) necessary for the protection of health and life of humans and animals or the preservation of plants;
c) necessary to ensure compliance with any laws or regulations which are not inconsistent with the provisions of this section, including those that relate: i) the prevention of nature misleading and fraudulent practices or to ways of remedying the effects of a default on services contracts;
(ii) to the protection of private persons in the context of the processing and dissemination of data personal and the protection of the secret of folders and individual accounts;
(iii) to safety.
(d) incompatible with the objective of article 25, provided that the difference in treatment is aimed at ensuring
the imposition or recovery effective or equitable direct tax for what is services or service providers of the other party;
(e) inconsistent with the objectives of article 25, provided that the difference in treatment aims to prevent fraud or tax evasion pursuant to the tax provisions of agreements to avoid double taxation and other tax arrangements or national tax legislation.
2. the provisions of this section shall not apply to respective parties social security schemes or activities carried out in the territory of each of the parties and related, even occasionally, with the exercise of public authority.
3. the provisions of this section shall not apply to measures affecting natural persons seeking access to the market of the work of one of the parties, nor to measures regarding citizenship, residence or employment on a permanent basis.
4. nothing in this section shall prevent a party from applying measures to regulate the entry or temporary stay of natural persons on its territory, including measures necessary to protect the integrity of its borders and ensure the orderly transition of its borders by individuals, provided that, in so doing, it are not implemented in a way that invalidates or jeopardizes the advantages conferred on the other party by article 25.
5. nothing in this section applies to activities carried out by a Central Bank or monetary authority or by any other public entity in the context of monetary policy or exchange rate.
6. nothing in this section shall be construed to prevent a party, including its public entities, from exercise or providing exclusively, on its territory, of activities or services for the account, the warranty or using the financial resources of the party or its public entities.
7. the provisions of this section are without prejudice to the application by each party of any measure necessary to prevent the circumvention of its regulations concerning third-country access to its market through the provisions of this agreement.
ARTICLE 30 Security Exceptions nothing in this section is interpreted: a) as requiring a party to provide information, the disclosure of which it considers contrary to the essential interests of its security; (or b) prevent a party to take the measures it deems necessary for the protection of the essential interests of its security: i) related to economic activities designed directly or indirectly to ensure the supply of the armed forces;
(ii) relating to fissionable and fusible materials or materials used in their manufacture;
III) relating to the production or trade in arms, munitions and equipment; war and trafficking in other goods and materials
(iv) relating to procurement indispensable for national security or for national defence purposes, v) applied in time of war or serious international tension. or (c) prevent a party to take measures in accordance with its commitments under the Charter of the United Nations, for the maintenance of peace and international security.
ARTICLE 31 progressive liberalization of trade in services and the establishment on the basis of the circumstances, and in particular the situation resulting from the accession of Iraq to the WTO, the cooperation Council may make recommendations to the parties so that they gradually develop the trade in services, and between them and ensure consistency with the provisions of the GATS, including article v thereof If accepted, these recommendations can be implemented by means of agreements between the parties.
SECTION III provisions relating to commercial activities and the investment ARTICLE 32 Encouragement of investment the parties stimulate mutually beneficial investment by creating a favourable climate for private investment.
ARTICLE 33 Points of contact and exchange of information in order to facilitate communication between the parties on any trade issue related to private investment, each of which designate a point of contact. The point of contact of a party indicates to the other party who actually requested, the office or official responsible for the subject matter and provide the assistance necessary to facilitate communication with the requesting party.
SECTION IV payments current and capital ARTICLE 34 objective and scope 1. The parties shall endeavour to liberalise current payments and capital movements between them, in accordance with the commitments made in the context of the international financial institutions.
2. This section applies to all current payments and capital movements between the parties.
ARTICLE 35 account of current transactions the parties authorize, in freely convertible currency, and in accordance with the statutes of the international monetary fund, payments and transfers in the balance of current operations between the parties.
ARTICLE 36 capital account the parties permit, upon the entry into force of this agreement, the free movement of capital relating to direct investments made in accordance with the legislation of the host country and investments made in accordance with the provisions of this agreement, and the liquidation or repatriation of these capital and any profit therefrom.
ARTICLE 37 status quo the parties shall refrain from introducing any new restrictions affecting current payments and capital movements between residents and make the existing arrangements more restrictive.
ARTICLE 38 safeguard measures 1. Where, in exceptional circumstances, movements of capital between the Union and Iraq causing or threatening to cause, serious difficulties for the operation of Exchange or monetary policy of the Union or the Iraq policy, the Union and Iraq, respectively, may adopt safeguard measures against the movement of capital between the Union and Iraq during a period not exceeding six months provided that such measures are strictly necessary.
2. the party that takes the safeguard measures communicates, as soon as possible to the other party a timetable for their removal.
ARTICLE 39 final provisions 1. None of the provisions of the present may infringe the rights of economic operators in parts benefit from more favourable treatment which may result from a bilateral or multilateral agreement existing to which the parties are parties.
2. the parties shall cooperate to facilitate the movement of capital between them and promote the objectives of this agreement.
SECTION V trade issues, chapter I business trade of State ARTICLE 40 1. The parties aim to comply with the provisions of article XVII of the GATT 1994 as well as his notes and additional provisions and to the memorandum of understanding of the WTO on the interpretation of article XVII of the general agreement on tariffs and Trade 1994, which are incorporated in the agreement and which they are an integral part, mutatis mutandis.
(2. where a party is invited by the other party to provide information concerning individual cases of commercial State, their mode of operation and the impact of their activities on bilateral trade, it must take into account the need to ensure the greatest possible transparency, without prejudice to article XVII, paragraph 4, point d), of the GATT 1994 relating to the confidential information.
3. each Party shall ensure that all commercial State enterprises providing a good or service will comply with its obligations under this agreement.
Chapter II procurement section 41 Introduction 1. The parties recognize that transparent, competitive and open bidding procedures contribute to sustainable economic development and attach to objective effective, reciprocal and progressive in their respective public markets opening.
2. for the purposes of this chapter, means: a) 'goods or commercial services', the goods and services of a type generally sold or offered for sale on the commercial market to non-governmental buyers for non-governmental purposes, and usually purchased by them;
(b) "construction service", a service aimed at the realization, by any means whatsoever, civil engineering or construction of buildings within the meaning of division 51 of the Central product of the United Nations (hereinafter "CPC") classification;
(c) "days", calendar days;
(d) "electronic auction", an iterative process involving an electronic device for the presentation, by providers, new prices and/or new values for the non-tariff quantifiable elements of the offer in relation to the evaluation criteria, resulting in a classification or reclassification of tenders;
(e) ' writing', any expression of information in words or numbers likely to be read, reproduced and subsequently communicated. It can be information transmitted and stored in electronic form;
(f) ' call for tenders procedure limited', a method of procurement that the contracting entity
contact one or more providers of its choice;
(g) ' measure', any law, regulation, procedure, guidance or administrative practice or any action of a contracting entity relating to a procurement covered by this chapter;
(h) ' list multiple uses', a list of suppliers including a contracting entity has determined that they meet the conditions for inclusion on this list, and that the authority intends to use more than once;
i) 'notice of market envisaged', a notice issued by a contracting entity inviting interested suppliers to submit an application for participation, an offer, or both;
(j) ' compensation', any condition, or any undertaking local development or improving balance of payments of a party, such as the requirements for local content, licensing of technology, investment, countertrade accounts or other measures and similar requirements;
' k)"open tender procedure ', a procurement mode whereby all interested suppliers may submit tenders;
' l)' person ', a person or entity;
«m)"contracting entity", an entity listed, for a part, in Appendix I of annex 1 to this agreement;
«n)"qualified supplier", a supplier that a procuring entity acknowledges that he fulfils the conditions for participation;
' o') selective tendering procedure ', a method of procurement that only qualified suppliers are invited to bid by the contracting entity;
(p) 'services', any service, including, unless otherwise specified, construction services;
(q) ' standard', a document approved by a recognized body, that provides, for common and repeated, uses rules, guidelines or characteristics for goods, services or processes and related production methods, whose compliance is not mandatory. It can process in whole or in part of the rules to follow concerning terminology, symbols, packaging, marking or labelling, insofar as they apply to a good, a service, process or production method.
(r) ' supplier', a person or a group of persons which provides or could provide goods or services; ((et s)"technical specification", an element of the specification that: i) defines the characteristics required of a product or service that will make the object of a market, such as the quality, properties of employment, safety and dimensions, or the processes and methods of production or provision;
or ii) sets out the rules to follow regarding terminology, symbols, packaging, marking or labelling, insofar as they apply to a good or service.
ARTICLE 42 scope and field of application 1. The provisions of this chapter apply to any measure relating to the target markets. For the purposes of this chapter, a target market means the acquisition, for governmental purposes, a) of goods, services or any combination of the two: i) specified, for each party, to schedules of Appendix I of the annex 1 of this agreement; and ii) which are not acquired to be sold or resold commercially or to be used for purposes of production or supply of goods or services to be sold or resold in trade;
(b) by any contractual means, including in the form of purchase or as lease, rental or hire purchase, with or without option to buy;
(c) whose value equals or exceeds the threshold indicated, for each of the parties, in the schedules of Appendix I of annex 1 of the agreement, at the time of the publication of a notice in accordance with article 45;
(d) by a contracting entity; and e) which are not otherwise excluded.
2. except as otherwise provided, this chapter does not apply: has) the acquisition or rental of land, buildings existing or other immovable property, or rights y related thereto;
(b) non-contractual agreements or any form of assistance provided by a party, including cooperation agreements, donations, loans, equity capital, guarantees and tax incentives;
(c) the controls or to the acquisition of services of financial agent or custodian, of liquidation and management services for regulated financial institutions, or services related to the sale, redemption or the placement of public debt, including loans and obligations, public good and other titles;
(d) to public employment contracts;
(e) contracts awarded: i) for the specific purpose of providing international assistance, including assistance to development;
(ii) in the framework of the procedure or the conditions of an international agreement on the stationing of troops or the joint implementation of a project by countries parties to the project;
(iii) in the framework of the procedure or particular conditions of an international organization, or funded by grants, loans, or other assistance at the international level in cases where the procedure or the applicable conditions would be incompatible with the present chapter.
3. each party defines and specifies the following information in the schedules of Appendix I of annex 1 to this agreement: a) in Schedule 1, the entities of the central government procurement covered by this chapter;
(b) in Schedule 2, all other entities whose markets are covered by this chapter;
(c) in Schedule 3, the services, other than construction services, covered by this chapter;
(d) in Schedule 4, construction services covered by this chapter;
(e) in Schedule 5, any general comments.
4. in the case where a contracting entity, in relation to procurement covered by this agreement, requires that persons who are not mentioned in schedules by part of Appendix I of the annex 1st pass contracts in accordance with particular requirements, article 43 shall apply mutatis mutandis to such requirements.
5. when assessing the value of a contract in order to ensure that it is a target market, the contracting entity will not split the market chooses nor does a method for assessing its value to exclude, wholly or partially, to the application of this chapter.
6. nothing in this chapter shall be construed as preventing a party to take measures or not to disclose information, if it considers it necessary for the protection of the essential interests of its security, relating to the procurement of arms, ammunition or equipment of war, or to procurement indispensable for national security or for national defence purposes.
7. subject that these measures should not be applied so as to constitute either a means of arbitrary or unjustifiable discrimination between parties where the same conditions prevail, or a disguised restriction on international trade, nothing in this chapter shall be construed as preventing the adoption or enforcement by either party of measures: a) necessary for the protection of public morality public order and public security;
(b) necessary for the protection of health and life of humans and animals or the preservation of plants;
(c) necessary for the protection of intellectual property; or d) pertaining to goods produced or services provided by disabled persons, philanthropic institutions or detainees.
ARTICLE 43 general principles 1. With regard to any measures and any procurement, each party including its contracting entities granted immediately and unconditionally to the goods and services of the other party and suppliers who offer goods or services treatment no less favourable than that which the party, including its contracting entities, reserves to its goods, services and domestic suppliers.
2. with respect to any measure relating to the target markets, no party, including its contracting entities,: a) does give a provider established in its territory a treatment less favourable than that which is reserved to another provider established in its territory, because of the degree of control or of foreign participation. and (b)) does not exercise discrimination against a provider established in its territory on the grounds that the goods or services to a given market are goods or services of the other party.
3. with regard to laws, regulations, procedures or practices relating to public procurement as well as to specific markets, from the authorities at all levels, open to goods, services and suppliers of third countries, Iraq accords to goods, services and suppliers of the Union a treatment no less favourable than that it accords to goods, services and suppliers of any third country.
Use of electronic means 4.
At eProcurement to a public market, the contracting entity: a) shall ensure that the procurement takes place by means of systems and software, including with regard to authentication and encryption of information, which are widely available to the general public and interoperable with other systems and computer software widely accessible to the general public; and (b)) relies on mechanisms that ensure the integrity of the requests to participate and tenders, including allowing to establish the time of receipt and by preventing
Conduct of the proceedings 5. Contracting entities manage procurement procedures procurements in full transparency and impartiality, so as to avoid conflicts of interest and to prevent corrupt practices and in compliance with this chapter.
Rules of origin 6. For the purposes of a public market, any party may apply to goods or services imported from the other party or provided by the rules of different origin from those that it applies at the same time ordinary commercial imports or supplies of the same goods or services from that part.
ARTICLE 44 Publication of information on the market 1. Each party: has) published as soon as possible, all legislative and regulatory provisions, as well as all judicial decisions, administrative rulings of general application and contractual types, imposed by law or regulation and incorporated by reference in opinion, the folder of tender and bidding of the target market, as well as all their changes, in a media paper or electronic officially designated which is widely disseminated and remains easily accessible to the general public;
(b) provide, upon request, an explanation to the other party;
c) lists, in Appendix II of annex 1 to this regulation, media paper or electronic in which it publishes the information referred to in point a);
d) lists, in Appendix III of annex 1 of the agreement, the electronic media in which it publishes the notices referred to in article 45, article 47, paragraph 4 and article 55, paragraph 2.
2. each Party shall notify as soon as possible to another party any changes to the information concerning him contained in Appendix II or III of annex I to this agreement.
SECTION 45 notices notice of intended procurement 1. For each target market, with the exception of the cases described in article 52, the contracting entity publishes a notice of market envisaged in the media indicated for this purpose in Appendix III of annex 1 of this agreement. Each of these notices shall include the information referred to in Appendix IV to annex 1 of the agreement and can be accessed for free by electronic means via a single access point.
Summary Notice 2.
For each proposed contract, the contracting entity publishes at the same time as the notice of intended procurement, a summary, easily accessible, in one of the languages of the WTO. The summary notice contains at least the following information: a) the object of the contract;
(b) the time limit for submission of tenders or, if applicable, the deadline for the submission of applications for participation in the market or for inclusion on a list for multiple uses; and (c) the address where documents relating to the market may be requested.
Notice of scheduled market 3. Contracting entities are encouraged to publish a notice of their plans for future contracts as soon as possible in each fiscal year (hereinafter ' programmed market notice'). The notice should specify the subject of the contract and the date of publication of the notice of intended procurement.
4. the contracting entities listed in Schedule 2 of Appendix I of annex 1 of this agreement can use a programmed as a notice of intended procurement, contract notice provided that this notice includes a maximum of information possible among those referred to Appendix IV of annex 1 of this agreement, together with a declaration inviting suppliers interested in the market to emerge with the contracting entity.
ARTICLE 46 Conditions of participation 1. The contracting entity limited the conditions for participation in the market to those which are essential to ensure that a supplier has the legal and financial capacity, as well as commercial and technical skills necessary to perform the contract in question.
2. in assessing whether a supplier meets the conditions of participation, the contracting entity: a) evaluates financial, commercial and technical capacity provider on the basis of the business that it carries both inside and outside the territory of the party which it is located;
(b) does not pose as a condition for the participation of a supplier in a market that it has been previously awarded one or more contracts awarded by a contracting entity of the party concerned or has prior work experience in the territory of that party; and (c) may require relevant prior experience, if such experience is essential to meet the requirements of the market.
3. the contracting entity based its assessment on the conditions that it has previously specified in the notice or in the tender documents folder.
4. contracting entities shall exclude suppliers in cases, including bankruptcy, false statements, of serious breaches of the substantive obligations and requirements during execution of one or more previous contracts, of judgments for violations of criminal or public serious misconduct or non-payment of taxes.
ARTICLE 47 the Procedure of selective tendering 1 Supplier Qualification.
When it intends to use the procedure of selective tendering, the contracting entity: a) indicates, in the notice of intended procurement, at least the information referred to in points 1), 2), 6, 7), 10), and 11) of Appendix IV of annex 1 of this agreement and prompt suppliers to apply for participation; and (b)) provides, as soon as the deadline for the submission of tenders starts to run, at least the information referred to in points 3), 4), 5), 8) and 9) of Appendix IV of annex 1 of this agreement to qualified suppliers to inform as specified in paragraph 2, point b), Appendix VI of annex 1 of this agreement.
2. the contracting entities recognize as suppliers qualifiestous suppliers and all those of the other party that meet the conditions for participation in a given market unless they have indicated, in the notice of intended procurement, a limit on the number authorized providers to bid and the selection criteria applied.
3. where the folder of tender is not made public at the date of publication of the notice referred to in paragraph 1, contracting entities shall ensure that it is communicated simultaneously to all qualified suppliers who have been selected in accordance with paragraph 2.
Entities 2 4 schedule. The contracting entities listed in Schedule 2 of Appendix I of annex 1 to this agreement may take a list to multiple uses provided that they publish each year a notice inviting interested suppliers to request their inclusion on this list and that if published electronically, this notice be permanently accessible in the appropriate media indicated in Appendix III of annex 1 of this agreement. This notice includes the information specified in Appendix V of annex 1 to this agreement.
5. Notwithstanding paragraph 4, in the case of lists to valid multiple uses for a period of three years or less, the contracting entities listed in Schedule 2 of Appendix I of annex 1 of the agreement can only publish the notice that paragraph only once, at the beginning of the period of validity of the list, provided that the notice indicates the validity period and specifies that no subsequent notice will be published.
6. the contracting entities listed in Schedule 2 of Appendix I of annex 1 of the agreement allow providers to ask at any time to be put on a list for multiple uses and shall include all qualified within a reasonably short time providers.
The contracting entities listed in Schedule 2 of Appendix I of annex 1 to this agreement can use as a notice of intended procurement a notice inviting suppliers to apply for registration on a list to multiple uses, provided that: a) the notice is published in accordance with paragraph 4 and contains the information required by Appendix V to annex 1 of the agreement a maximum of information possible among those referred to Appendix IV of annex 1 of this agreement, along with a statement indicating that it constitutes a contract notice contemplated;
(b) the entity shall communicate as soon as possible to suppliers who have made it part of their interest in a given market with sufficient information to enable them to assess their interest in the contract in question, including the rest of the information required by Appendix IV to annex 1 of this agreement, insofar as they are available.
7. the contracting entities listed in Schedule 2 of Appendix I of annex 1 of this agreement may authorise a supplier having requested to be placed on a list for multiple uses in accordance with paragraph 6 to tender to a tender given, provided that they have a sufficient period to ensure that the provider meets the conditions for participation.
8. the contracting entities listed in Schedule 2 of Appendix I of annex 1 of the agreement shall inform as soon as possible suppliers who have submitted an application for participation or inclusion on a list with multiple uses of their decision on this subject.
9. when they reject the request of qualification or entry on a list to multiple uses of a provider,
cease to recognize the qualification of a supplier or remove a provider from the list to multiple uses, the contracting entities listed in Schedule 2 of Appendix I of annex 1 of the agreement shall inform the supplier in question as soon as possible and, if it so requests, communicated promptly, in writing, the reasons for its decision.
ARTICLE 48 Technical Specifications 1. The contracting entity not develops, adopts and has no technical specification and does require no procedure for conformity assessment with purpose or effect of creating unnecessary obstacles to international trade.
2. when it sets technical specifications for the goods or services forming the subject of the contract, the contracting entity, if applicable: has) defines technical specifications according to criteria of performance and operation of the product rather than on the basis of descriptive characteristics or design; and (b)) founded the technical specifications on European standards, where they exist, otherwise on national technical regulations, recognized national standards or building codes.
3. in cases where descriptive features or design are used in technical specifications, the contracting entity indicates, if there is, that it will consider the offers of goods or services equivalent which it can be demonstrated that they meet the conditions of the market by adding terms such as "or equivalent" in the tender documents folder.
4. the contracting entity fixes not technical specifications that require or mention a name or trade mark or a trade name, a patent, a right of author, a design model, type, origin, a producer or supplier determined, unless there is no sufficiently precise or intelligible way of describing the conditions of market and provided that , in such cases, the entity adds words such as "or equivalent" in the tender documents folder.
5. the contracting entity shall not solicit or accept, in a manner that would have the effect of precluding competition, advice which may be used for the establishment or adoption of a technical specification for a specific procurement from a person that may have a commercial interest in this market.
6. each party including its contracting entities may, in accordance with this section, prepare, adopt or apply technical specifications to promote the preservation of natural resources or protection of the environment.
ARTICLE 49 record of tender 1. The contracting entity shall communicate to suppliers a folder to tender containing all information necessary to enable them to develop and submit valid offers. Unless these information already contained in the notice of intended procurement, this folder will include a complete description of the elements listed in Appendix VIII of annex 1 to this agreement.
2. upon request, the contracting entity provides in the shortest time folder to tender to all suppliers involved in the process and respond to any reasonable request intelligence on their part, provided that the requested information does give them not an advantage over their competitors for the award of the contract.
3. the contracting entity which, prior to the award of the contract, modifies the criteria or requirements set out in the notice of intended procurement or in the folder of tender provided to participating providers or modifies a notice or a record of tender documents is required to communicate in writing all these changes or notice or the tender modified or republished folder: has) to all suppliers who were involved at the time where the information has been modified If they are known, and in all other cases, in the same manner as the original information; and b) in sufficient time to allow such suppliers to modify their offerings and redeposit them after modification, if applicable.
ARTICLE 50 times the contracting entity will provide, in a manner consistent with its own reasonable needs, sufficient time for suppliers to develop and introduce applications for participation and valid tenders taking into account factors such as the nature and complexity of the market, the importance of subcontracting anticipated and the time needed for the delivery of offers from abroad and the country itself when they are not transmitted by electronic means. These time limits, including their possible extensions, are the same for all interested or participating suppliers. The time limits are indicated in Appendix VI of annex 1 of this agreement.
ARTICLE 51 negotiations 1.
A party may provide that its contracting entities to negotiations: has) in the context of procurements in which they have indicated that the intention in the notice of intended procurement; or (b) when it appears from evaluation that no offer is obviously the most advantageous tender according to the evaluation criteria specified in the notice or the tender documents folder.
2. the contracting entity: a) ensures that the elimination of suppliers participating in the negotiations takes place according to the evaluation criteria set out in the contract notice or the invitation to tender dossier.
and (b) in cases where the negotiations are completed, provides the same deadline for the submission of all new offers or revised by the remaining suppliers.
ARTICLE 52 Procedure of limited tendering contracting entities can use the limited tendering procedure and decide not to apply articles 45 to 47, 49-51, 53-54 only under the following conditions: a) when i) no tenders or no application is received;
(ii) no offer for conformity with the essential requirements of the tender dossier was filed;
(iii) any supplier does meet the conditions for participation;
or (vi) the tenders submitted have been agreed;
as far as the essential requirements of the tender file are not changed substantially;
(b) where the goods or services can be supplied only by a particular supplier and that there is no other reasonable solution or any good or service substitution, because it is work of art, for reasons connected with the protection of patents, copyrights or other exclusive rights or the absence of competition for technical reasons;
c) for additional deliveries by the original supplier of goods and services not provided for in the original contract where a change of supplier: i) is not possible for the economic or technical reasons such as the duty to interchangeability or interoperability with equipment, software, services or existing facilities purchased for the call for tenders initial; and ii) would have a major disadvantage or would result in a substantial duplication of costs for the contracting entity;
(d) insofar as is strictly necessary when, for reasons of extreme urgency due to events which could not be provided by the contracting entity, open or selective tendering procedures would not obtain the goods or services in a timely manner;
(e) for products purchased on a commodity market;
(f) when a contracting entity purchases a prototype or a product or service which are developed at its request in a particular contract for research, experiment, study or original development, and for the needs of this market.
(g) for purchases made under exceptionally advantageous conditions occurring only at very short maturity, through flows unusual products such as those which are the result of a liquidation, a judicial authority or a bankruptcy, and not routine purchases from regular suppliers; and h) when the contract is awarded to the winner of a competition, provided that the contest has been organized in a manner consistent with the principles set out in this chapter, and nominees are judged by an independent jury with a view to the award of a contract to the winner.
ARTICLE 53 electronic auctions when it intends to use the electronic auction in a market, the contracting entity before the auction, communicates to each participant: has) the automatic evaluation methodology, including the mathematical formula, based on the evaluation criteria described in the record of call for tenders, which will be used to perform the classification or automatic reclassification during the auction;
(b) the result of any initial evaluation of the elements of its offers in the case where the contract is awarded to the most advantageous, and c) any other useful information on the progress of the auction.
ARTICLE 54 treatment of tenders and award of the contract 1. The contracting entity adopts procedures of receiving, opening and processing of offers that guarantee the fairness and impartiality of the procurement process and the confidentiality of tenders.
2. the contracting entity does not penalise a supplier whose offer he manages out of time, when this delay is only attributable to an error processing its view 3. When she gives a supplier the opportunity to correct unintentional errors of form between the opening of tenders and the award of the contract, the contracting authority gives the same opportunity to all participating suppliers.
To be considered with a view to the award of the contract, offers should be established in writing, conform, at the time of its launch, the essential requirements specified in the notice or the tender documents folder and have been submitted by a supplier that complies with the conditions for participation.
5 unless she decides that it is not in the public interest to award a contract, the procuring entity shall award the contract to the supplier that it determined that he was fit to run it, and only on the base evaluation criteria specified in the notice and the tender dossier, presented the most advantageous or, where price is the sole criterion the lowest.
6. If a contracting entity Gets an offer abnormally lower than other tenders submitted, it may check with the supplier that he fulfils the conditions of participation and is capable of performing the contract.
7. the contracting entity does not use options, does not cancel a contract or does not alter the contracts awarded to circumvent the obligations arising from this agreement.
ARTICLE 55 transparency of markets 1-related information. The contracting entity shall inform as soon as possible participating providers of the decision regarding the award of the contract. It provides this information in writing if request is made him. Subject to the provisions of article 56, paragraphs 2 and 3, the contracting entity communicates, on request, to excluded suppliers, the reasons for which their tender has been rejected, as well as the relative advantages of the tender selected.
2. within two days of the award of each contract covered by this chapter, the procuring entity shall publish a notice in the paper media or electronic indicated for this purpose in Appendix III. When it is only published electronically, the information remains easily accessible during a reasonable period of time. The opinion in question shall contain at least the information listed in Appendix VII of annex 1 to this agreement.
ARTICLE 56 disclosure of information 1. Each Party shall provide as soon as possible, at the request of either party, all information necessary to establish that market procedure held fairly and impartially, in accordance with the provisions of this chapter, including information on the characteristics and relative advantages of the tender selected. In the event that this disclosure would prejudice competition in future tenders, the party receiving the information the disclose to any supplier, except after consultation and with the agreement of the party that has communicated it.
2. Notwithstanding any other provision of this chapter, no party, including its contracting entities, communicates to an information provider that may affect fair competition between suppliers.
3. no provision of this chapter shall be construed as requiring a party, including its contracting entities, authorities and review bodies, to disclose confidential information which would impede enforcement of the Act, could harm fair competition between suppliers, would prejudice the legitimate commercial interests of individuals, including the protection of intellectual property , or would, otherwise, be contrary to the public interest.
ARTICLE 57 national review Procedures 1. Each party provides for a system of administrative appeals or judicial fast, effective, transparent and non-discriminatory enabling suppliers to challenge: has) an offence under the present chapter; or b) in cases where suppliers are not admissible to directly challenge an infringement of this chapter by virtue of national law of the party concerned, non-compliance with measures adopted by the party to implement this chapter;
in the context of a market for which the supplier has or had an interest. Rules of procedure governing appeals are drafted in writing and made public.
2. in the case of a complaint, filed by a provider as part of a targeted market for which it has or had an interest, alleging an offence or a breach referred to in paragraph 1, the party in question encourages the contracting entity and the provider to seek to resolve the matter in consultation. In such a case, the contracting entity will review the complaint as soon as possible and impartially, a way that does not impede the participation of the provider in the current or future market or his right to apply corrective measures within the framework of the administrative or judicial appeal procedure.
3. it is hard to each vendor sufficient time to prepare and lodge an appeal which is in no case less than 10 days from the date on which it became aware of the basis of it or should reasonably have been aware.
4. each party establishes or designates at least an administrative or judicial authority impartially, independently of its contracting entities responsible for receive and investigate the appeal by a supplier in the context of a target market.
5 where one body other than an authority referred to in paragraph 4 initially considering the appeal, the party in question ensures that the provider may appeal the initial decision before an administrative or judicial authority impartial, independent of the contracting authority which the market is disputed. In cases where the appeal body is not a court, the governing body is subject to a judicial review, either he introduced procedural safeguards under which: has) the procuring entity respond in writing to the complaint and disclose all documents needed for the appeal body;
(b) participants in the proceedings (hereinafter «participants») have the right to be heard before the appeal body statue;
(c) participants have the right to be represented and accompanied;
(d) participants have access to all stages of the procedure;
(e) the participants have the right to request that the procedure is public and that the presence of witnesses being granted; and f) decisions or recommendations on appeals by providers are communicated promptly, in writing, and motivated.
6. each party adopts or maintains laying down procedures: has) the adoption, in the shortest delays, interim measures to guarantee that the provider can participate in the market. These measures may result in the suspension of the procurement process. Procedures may provide that essential adverse consequences for the interests concerned, including the public interest, may be taken into account when deciding whether such measures should be applied. Any decision not to act is motivated in writing;
and (b)) in cases where the appeals body has established the existence of an offence or a breach referred to in paragraph 1, the adoption of corrective measures or compensation for the loss or damage, which may be limited, either at the expense of development of supply, or costs to the use, or both.
ARTICLE 58 additional negotiations 1.
The parties shall review annually the operation of this chapter and the opening reciprocal procurement. At the latest one year after the entry into force of this agreement, the parties undertake negotiations to extend the lists of entities listed in schedules 1 and 2 of Appendix I of annex 1 to this agreement.
2. in the framework of the negotiations for its accession to the WTO, Iraq will recognize its commitment to adhere to the plurilateral agreement on government procurement (hereinafter referred to as the "GPA").
ARTICLE 59 asymmetric and transitional measures due to its needs for development, finance and trade, Iraq enjoys the following transitional measures: the Iraq may provide a temporary program of preferential prices under which a price difference of 5% on goods and services and 10% on the work is applicable to supplies and service providers exclusively Iraqi;
The program of preferential prices will be phased out over a period of ten years from the entry into force of this agreement.
Chapter III PROTECTION of property intellectual ARTICLE 60 Nature and scope of obligations 1.
In accordance with the provisions of this article and of annex 2 of the agreement, Iraq shall adopt, within a period of five years from the entry into force of the agreement, legislative provisions guaranteeing an adequate and effective protection of rights to intellectual, industrial and commercial property in compliance with the most stringent international standards, including rules set out in the agreement on aspects of the intellectual property rights affecting trade (hereinafter ' the TRIPS Agreement') set out in annex 1 c of the WTO agreement, with effective means to ensure respect for these rights.
2. within a period of three years from the entry into force of this agreement, Iraq adheres to the multilateral conventions on intellectual, industrial and commercial property referred to in paragraph 2 of annex 2 to this agreement, to which the Member States are parties or which they apply de facto under the provisions contained therein.
3. within a period of three years from the entry into force of this agreement, Iraq respects the conventions
multilateral protection of intellectual, industrial and commercial property referred to in paragraph 3 of annex 2 to this agreement, to which one or more Member States are parties or one or several of them apply de facto under the provisions contained therein.
4. the parties shall regularly review of the implementation of this article and annex 2 to this agreement. The drafting of legislation or if problems affecting trade arise in the area of intellectual, industrial and commercial property, each of the parties may request that consultations be held without delay in order to find mutually satisfactory solutions. Within a period of three years from the entry into force of this agreement, the parties undertake negotiations for the adoption of more detailed IPR provisions.
5. each Party shall accord to nationals of the other party with treatment no less favourable than that it accords to its own nationals for the protection of intellectual property, subject to exceptions already provided for in the international instruments referred to in annex 2 of the agreement or that might, on occasion, be added, upon ratification by the party concerned.
6. upon entry into force of this agreement, Iraq grants, for recognition and protection of intellectual, industrial and commercial property, companies and citizens of the Union a treatment no less favourable than it treats one any third country under bilateral agreements.
SECTION VI regulation of disputes chapter I objective and scope of APPLICATION ARTICLE 61 objective this section is designed to prevent and to settle any dispute between the parties, to achieve, to the extent possible, a mutually satisfactory solution.
ARTICLE 62 scope this section shall apply to any dispute concerning the interpretation and application of the provisions of title II of this agreement, unless expressly provided otherwise.
Chapter II consultations section 63 consultations 1. The parties shall endeavour to settle the different concerning the interpretation and application of the provisions referred to in article 62 by engaging a dialogue in good faith to reach a mutually satisfactory solution.
2. the party wishing to engage a dialogue presents a written request to the other party with a copy to the cooperation Committee, specifying any measure at issue and the provisions referred to in article 62, which it considers applicable.
3. the consultation is initiated within thirty days of the date of submission of the application, on the territory of the development party, unless the parties agree otherwise. It is deemed to be concluded within 30 days of this date unless both parties agree to continue more before. The information exchanged during the consultation are kept confidential.
4. in urgent cases, including those where perishable or seasonal goods are at stake, consultation is committed within fifteen days following the date of submission of the application and is deemed concluded within fifteen days of this date.
5. if dialogue is not engaged in the deadlines respectively paragraph 3 or paragraph 4, or if it concludes without having reached an agreement on a mutually satisfactory solution, the applicant has the right to request the appointment of a panel of arbitration in accordance with article 64.
Chapter III PROCEDURES for settlement of disputes section 64 commitment of the arbitration 1.
If the parties are unable to resolve the dispute after having resorted to the consultation provided for in article 63, the complaining party may request the establishment of an arbitration panel.
2. the request for an arbitration panel shall be sent in writing to the other party and to the cooperation Committee. In its application, the complainant specifies the specific measure at issue and explain the reasons why this measure constitutes a violation of the provisions referred to in article 62 of sufficient detail to constitute the legal basis for the complaint.
ARTICLE 65 Arbitration Panel 1 Constitution. An arbitration panel is composed of three arbitrators.
2. within ten days following receipt of the request for establishment of a panel of arbitration to the cooperation Committee, the parties shall cooperate agree on its composition.
3. If the parties are unable to agree on the composition of the Panel of arbitration within the time limits provided for in paragraph 2, each party may request the president of the Committee of cooperation or its representative to select the three members of the group by draw on the list drawn up pursuant to article 78, the first two among the persons respectively proposed by the applicant and the implementation part in question and the third among people who have been selected by both parties to preside at the meetings. If the parties agree on one or several members of the Arbitration Panel, any remaining members are selected according to the same procedure on the list.
4. in the presence of a representative of each party, the president of the cooperation Committee or his representative selects the arbitrators within five days of the request referred to in paragraph 3 and from one of the parties.
5. the date of establishment of the arbitration panel is the date on which the three arbitrators are selected.
6. If one of the lists referred to in article 78 is not established at the time of the application of paragraph 3, the three arbitrators are drawn among the persons officially proposed by one of the parties or both.
ARTICLE 66 interim report of the Panel of Arbitration Arbitration Panel shall communicate to the parties a progress report setting forth the findings on the merits, the applicability of relevant provisions and the basic rationale for its findings and recommendations, no later than within ninety days from its constitution. Each party may make a written request to the Panel to review precise aspects of the interim report within fifteen days of its notification. The findings of the final decision of the ad hoc group include sufficient motivation of the arguments during the interim review and clearly respond to the questions and comments of the two parties.
ARTICLE 67 Decision of the Arbitration Panel 1. The arbitration panel delivers its decision to the parties and the cooperation Committee within 120 days after its formation. If it considers that this deadline cannot be met, the president of the Panel must notify in writing the parties and the cooperation Committee, stating the reasons for the delay and the date at which the Group expects to conclude its work. In no case, arbitration panel may make its decision over one hundred fifty days after its formation.
2. in urgent cases, including those where perishables and seasonal are at stake, the Arbitration Panel makes every effort to make its decision within sixty days of its formation. In no case it can make its decision more than seventy days after its formation. Within ten days of its constitution, arbitration panel may make a preliminary ruling on the question if it considers the matter of urgency.
ARTICLE 68 compliance with the decision of the Panel of arbitration each Party shall take all necessary measures to comply in good faith with the decision of the Arbitration Panel, the parties to agree on a reasonable time for compliance.
ARTICLE 69 reasonable time for compliance 1.
Thirty days at the latest after parties will be informed of the decision of the Panel of arbitration, the party questioned shall provide to the requesting party and the cooperation Committee the delay which will be necessary to come into compliance with this decision (hereinafter "reasonable period") if it cannot do so immediately.
2. in the event of disagreement between the parties on the reasonable period of time for compliance with the decision of the Arbitration Panel, the complaining party may request in writing to the initial arbitration panel within twenty days of the notification by the party in question in respect of paragraph 1, set this deadline. This request shall be notified simultaneously to the other party and the cooperation Committee. Arbitration Panel made its decision known to the parties and the cooperation Committee within 20 days of the date of submission of the application.
3. If the Panel of arbitration initial or some of its members are not able to meet again, the procedures provided for in article 65 shall apply.
The deadline for making a decision is thirty-five days from the date of submission of the application referred to in paragraph 2.
4. the reasonable time limit may be extended by mutual agreement between the parties.
ARTICLE 70 review of the measures taken to implementing compliance with the decision of the Arbitration Panel 1. Before the end of the reasonable period of time, the party implicated shall inform the complainant and the cooperation Committee of the measures it has taken in
view to comply with the decision of the arbitration panel.
2. in the event of disagreement between the parties about the existence of a measure notified pursuant to paragraph 1 or its compatibility with the provisions referred to in article 62, the complaining party may request in writing to the original arbitration panel to rule on the question. Such an application specifies the specific measure in question and why it is inconsistent with the provisions referred to in article 62. Arbitration Panel made known its decision within 45 days of the date of submission of the application.
3. If the Panel of arbitration initial or some of its members are not able to meet again, the procedures provided for in article 65 shall apply. The communication of the decision period is 60 days from the date of submission of the application referred to in paragraph 2.
ARTICLE 71 temporary measures for non-compliance 1. If, before the expiry of the reasonable period of time, the update part in question does not notify not the measures taken to comply with the decision of the Panel of arbitration or it considers that the measure notified under article 70, paragraph 1, is inconsistent with the obligations of that party in respect of the provisions referred to in article 62, the part in question is If it is invited to do so by the complainant, an offer of temporary compensation to the complainant.
2. in the absence agree on compensation within thirty days of the expiry of the reasonable period of time or the decision of the Arbitration Panel, referred to in article 70 that the compliance measure that has been taken is not compatible with the provisions referred to in article 62, the complainant has the right, after notification to the party in question and the cooperation Committee suspend the obligations of any provision referred to in article 62 to the extent of the level of nullification or reduction of benefits due to the violation. The complaining party may implement the suspension ten days after the date of notification, unless the party in question has requested arbitration proceedings, in accordance with paragraph 3.
3. If the party in question considers that the level of suspension is not equivalent to the cancellation or the reduction of benefits due to the violation, it may request in writing to the original arbitration panel to rule on the question. This request shall be notified to the complainant and the cooperation Committee before the expiration of the ten day period referred to in paragraph 2. The initial arbitration panel notifies its decision regarding the level of suspension of the obligations to the parties and the cooperation Committee within thirty days of the date of submission of the application. Obligations cannot be suspended as long as the initial Arbitration Panel has not rendered its decision and any suspension is consistent with the decision of the arbitration panel.
4. If the Panel of arbitration initial or some of its members are not able to meet again, the procedures provided for in article 65 shall apply. The decision shall be communicated within 45 days from the date of submission of the application referred to in paragraph 3.
5. the suspension of obligations is temporary and is applied to that until the extent deemed incompatible with the provisions referred to in article 62 is withdrawn or amended to make in accordance with those provisions, as determined under section 72, or until the parties have reached an agreement to settle the dispute.
ARTICLE 72 review of the compliance measures adopted after the suspension of obligations 1. The part in question shall notify the complaining party and the cooperation Committee of any measures it has adopted to comply with the decision of the Panel of arbitration, as well as its request that the complainant puts an end to the suspension of obligations.
2. If within thirty days of the date of receipt of the notification, the parties are unable to agree on the compatibility of the notified measure with the provisions referred to in article 62, the complainant application in writing to the initial arbitration panel to decide on the issue. This request shall be notified simultaneously to the part in question and the cooperation Committee.
Arbitration Panel made known its decision to the parties and the cooperation Committee within forty-five days of the date of submission of the application. If it decides that the measure adopted to comply with the decision is compatible with the provisions referred to in article 62, the suspension of obligations takes end. 3. If the Panel of arbitration initial or some of its members are not able to meet again, the procedures provided for in article 65 shall apply. The decision is communicated within sixty days from the date of submission of the application referred to in paragraph 2.
ARTICLE 73 common agreed Solution the parties may at any time agree to a mutually satisfactory solution to a dispute under this section. They shall notify this solution to the cooperation Committee and arbitration panel.
Upon receipt of the notification, the arbitration panel ended its work and the proceedings are terminated.
SECTION 74 rules of procedure 1. Resolution procedures disputes defined in this section are governed by the rules of procedure and the code of conduct adopted by the cooperation Committee.
2. the parties may decide to amend the rules of procedure and the code of conduct.
3. the arbitration panel sessions are open to the public in accordance with the rules of procedure.
ARTICLE 75 information and expert advice at the request of a party or on its own initiative, the arbitration panel may obtain information from a source, including interested parties to the dispute, if it considers it appropriate for the arbitration procedure. He is also authorized to consult specialized expert, if it deems it necessary. Any information obtained in this way is communicated to each party and subject to their comments. In accordance with the rules of procedure, the natural or legal persons established in the territory of the parties entitled to submit amicus curiae briefs to arbitration panel.
ARTICLE 76 rules of interpretation any arbitration panel interpreted the provisions referred to in article 62 the customary rules of interpretation of public international law, in particular those that are codified in the Vienna Convention on the law of treaties. The decisions of the arbitration panel may not increase or diminish the rights and obligations set out in the provisions referred to in article 62.
ARTICLE 77 Decisions of the Arbitration Panel 1. The arbitration panel is sparing no effort to make its decisions by consensus. However, if it turns out to be impossible to reach a decision by consensus, the question shall be determined by a majority of the votes. Certainly not a dissenting opinion will be made public.
2. any decision by the arbitration panel is binding for the parties and creates no rights or obligations for natural or legal persons.
The decision sets out the findings on the merits, the applicability of the relevant provisions of the agreement and the basic rationale of the findings and conclusions. The cooperation Committee shall make public the decisions of the Panel of arbitration in their entirety, unless it decides otherwise for the confidentiality of confidential business information.
Chapter IV General provisions ARTICLE 78 list of arbitrators 1. Within six months of the entry into force of the agreement, the cooperation Committee establishes a list of fifteen people willing and able to perform the functions of arbitrator. Each part offers five persons for this purpose. Both parties will select as five people who are nationals of one or the other to perform the duties of president. The cooperation Committee shall ensure that the list is always maintained at its full strength.
2. the arbitrators are, by their training or experience, law and international trade specialists. They are independent, serve in their personal capacity, not take any organization or any Government instruction, have no ties with the Government of any of the parties, and observe the code of conduct.
ARTICLE 79 reports with the obligations imposed by the WTO 1. Pending the accession of Iraq to WTO arbitration groups adopt an interpretation fully consistent with the relevant decisions of the body for settlement of disputes of the WTO in the case of a decision on the compliance of a provision referred to in article 62 that includes or refers to a provision under the agreement establishing the WTO.
2. upon Iraq's accession to the WTO, paragraphs 3 to 6 shall apply.
3. the use of the provisions of settlement of disputes of this section is without prejudice to any action under the WTO, including dispute settlement action.
4. However, when a party has initiated a procedure in settlement of a dispute with a particular measure either under the terms of article 64, paragraph 1,
of this section, either under the terms of the WTO agreement, it cannot initiate any procedure of settlement of dispute on the same measure before the other instance before the conclusion of the first procedure.
In addition, a party may seek redress for the breach of an obligation which is identical in the agreement and the WTO agreement in the two courts. In such cases, once a dispute settlement procedure has been opened, the party may submit a request to obtain reparation for the breach of the obligation under the other agreement before the other instance the same, unless the instance before it does not pronounce on the request for procedural or jurisdictional reasons.
5. for the purposes of paragraph 4: a) the procedures for settlement of disputes under the WTO agreement are deemed to be open whenever a party requests the establishment of a Panel under article 6 of the understanding on rules and procedures governing the settlement of disputes of the WTO and are deemed completed when the dispute settlement body adopted the report of the ad hoc group and the report of the appellate body as the case pursuant to article 16 and article 17, paragraph 14, of the said memorandum of understanding;
(b) the procedures for settlement of disputes under this section shall be deemed to open whenever a party requests the establishment of a Panel to arbitrate under article 64, paragraph 1, and shall be deemed completed when the arbitration panel shall notify its decision to the parties and Committee cooperation under article 67.
6. nothing in this section shall preclude the implementation by a party of a suspension of duties authorized by the WTO's dispute settlement body. The WTO agreement cannot be invoked to prevent a party to suspend the obligations entrusted to it under Title II of the agreement.
ARTICLE 80 time limits 1. All time limits laid down in this section, including the time of notification of the decisions of the ad hoc groups of arbitration, match the number of calendar days following the Act or fact to which they relate.
2. any time limit referred to in this section may be extended by mutual consent of the parties.
Title III areas of COOPERATION ARTICLE 81 financial and Technical Assistance 1. For the achievement of the objectives of this agreement, Iraq enjoys technical and financial assistance that is provided to him by the Union in the form of non-repayable aid to accelerate its economic transformation and political.
2. This assistance is part of the development cooperation of the Union laid down in the regulations of the European Parliament and of the Council on the subject. The objectives and the areas covered by the Union's assistance are defined in an indicative programme reflecting the priorities established by common accord between the two sides according to the needs and strategies of development of Iraq, sectoral absorption capacities and the evolution of its reforms.
3. the parties shall ensure close coordination between the technical assistance of the Union and those of other stakeholders. Development cooperation policy and the Union's international action are guided by the objectives of the Millennium for development of the United Nations and the main objectives and principles of development approved in the context of the United Nations and other international organizations. In implementing the Union's development policy, it will be fully taken into account the principles of aid effectiveness, including the Paris declaration of 2 March 2005 and the programme of action of Accra.
4. without prejudice to the provisions relating to mutual legal assistance, the part that enjoys financiererepond or technical assistance as soon as possible to requests for administrative cooperation from the competent authorities of the other party, with the aim of stepping up the fight against fraud and irregularities in the context of the assistance provided by the Union.
5. the Government of Iraq means a correspondent responsible for fraud of the effective cooperation with the institutions and bodies of the Union, notably with the Court of Auditors and the European anti-fraud Office, including as regards the implementation of their audit and control measures in the field of the protection of the financial interests of the Union.
ARTICLE 82 Cooperation in social and human development cooperation in this field will affirm the social dimension of globalization and recalls the link between social development, economic development and sustainable development from the environmental point of view.
It will also highlight how it is important to reduce poverty, promote human rights and fundamental freedoms for all, including for vulnerable and displaced populations, and to satisfy the basic needs in health, education and employment. Cooperation in all these areas activities will particularly aim to focus attention on strengthening capacity and institutions taking into account the principles of inclusion, good governance and sound and transparent management.
ARTICLE 83 Education, training and youth 1.
The parties shall endeavour to promote cooperation in the fields of education, training and youth, on the basis of mutual benefit, taking into account available resources and in promoting equality between women and men.
2. the parties shall particularly encourage the exchange of information, know-how, students, academics, technical resources, young people and youth workers, as well as capacity-building, by exploiting the mechanisms put in place under the cooperation programs existing and taking advantage of the experience gained by the two parties in this area.
3. the two parties agree also to intensify cooperation between their institutions of higher education in the context of devices such as the Erasmus Mundus programme and thus contribute to the excellence and internationalization of their education systems.
ARTICLE 84 employment and social development 1. The parties agree to strengthen cooperation in the field of employment and Social Affairs, including cooperation on social cohesion, decent work, health and safety in the workplace, labour legislation, social dialogue, human resources and equality between women and men to promote full and productive employment and decent work for all as a basis for sustainable development and the poverty reduction.
2. the parties reaffirm their commitments to promote and effectively implement social standards and labour standards recognised at international level. All actions undertaken by the parties under this agreement reflect the implementation of the relevant multilateral agreements in social matters and labour.
3. cooperation may take, inter alia, the following forms: programs and specific projects, agreed by consensus, dialogue, a capacity-building or even a cooperation and initiatives on topics of common interest, to the bilateral or multilateral level.
4. the parties agree to involve the social partners and other stakeholders in dialogue and cooperation.
ARTICLE 85 civil society parties acknowledge the role and potential contribution of organised civil society, in particular at the level of academia and the links between groups of reflection, the process of dialogue and cooperation under this agreement and agree to promote a genuine dialogue with this same organised civil society, as well as its effective participation.
ARTICLE 86 1 human rights. The parties agree to cooperate to the promotion and effective protection of human rights, including by ensuring the ratification and implementation of international instruments in this area, by providing technical assistance, providing training and through capacity-building where appropriate.
The parties are aware that any programme of cooperation and development that does not defend, not strengthened and does not respect human rights is doomed to have a limited impact.
2. cooperation in the field of human rights includes, among others: has) the strengthening of the competent governmental institutions rights of man and of non-governmental organisations active in this field;
(b) the promotion of human rights and awareness to this question, at national and local levels, including within the public administration, the judicial system and the bodies responsible for enforcing the law, with emphasis on the rights of women and children;
c) the development of Iraqi legislation in accordance with international humanitarian law and international human rights law;
d) cooperation and exchange of information with the institutions of the United Nations of human rights;
e) support to the efforts made by the Government of Iraq to ensure a proper standard of living for citizens
Iraq and safeguard their political, economic, social and cultural rights without discrimination;
(f) support to national reconciliation and the fight against impunity;
(g) the establishment of a comprehensive dialogue on human rights.
ARTICLE 87 Cooperation on industrial policy and policy towards small and medium-sized enterprises 1. Cooperation in this field aims to facilitate the restructuring and modernization of the Iraqi industry while stimulating competitiveness and growth and to create conditions conducive to mutually beneficial cooperation between the Iraqi and the Union industry.
A. General 2.
Cooperation: a) promotes a comprehensive industrial strategy in Iraq that takes into account the reality of experiencing both public and private industrial enterprises;
(b) encourages Iraq to restructure and modernize its industry under conditions ensuring the protection of the environment, sustainable development and economic growth;
(c) encourages the development of a climate favourable to private industrial initiative to stimulate and diversify production for local markets and export markets;
(d) helps to create an environment that stimulate the growth and diversification of industrial production in a sustainable development perspective;
(e) promotes the exchange of information useful to cooperation in industrial sectors;
(f) encourages the application of technical regulations, standards and conformity assessment procedures adopted at Union level and at the international level to facilitate the integration of Iraq into the global economy and establishes regular exchanges between the standards bodies of both parties;
(g) helping to create a climate conducive to industrial activity;
h) promotes and encourages the improvement of assistance services information as essential factors for the growth of business activity and economic development;
(i) develops the relations between industrial operators of the parties (companies, professional, sectoral organizations and other professional organizations, trade union movements, etc.);
(j) promotes industrial collaborative projects, and the establishment of joint ventures and the establishment of information networks.
B small and medium-sized enterprises 3.
The parties, taking into account their policies and respective economic objectives, are suitable to stimulate industrial policy cooperation in all fields as they deem appropriate, to improve the competitiveness of small and medium-sized enterprises (SMEs).
4. the parties: has) seek to develop and strengthen SMEs as well as to encourage cooperation between them;
(b) develop and help meet the needs of micro and small and medium enterprises funding, vocational training, technology, marketing and innovation, as well as assistance for other conditions necessary for the creation of SMEs, such as business incubators, and other areas where action is needed;
(c) support the activities of SMEs by implementing appropriate networks; and (d) facilitate cooperation between enterprises by supporting initiatives of cooperation of the private sectors of both parties by the creation of links between operators in the private sector of Iraq and the Union with the aim of improving the flow of information.
ARTICLE 88 Cooperation in the field of investment 1.
The parties shall cooperate to create a climate conducive to investment, both domestic and foreign, and to ensure adequate protection of investments, transfer of capital and exchange of information on investment opportunities.
2. the parties agree to encourage the promotion and protection of investments on the basis of the principles of non-discrimination and reciprocity.
3. the parties shall encourage the exchange of information on the legislative and regulatory provisions and administrative practices in the field of investments.
4. the parties undertake to encourage cooperation between their respective financial institutions to facilitate investment.
5. in order to facilitate investment and trade, the Union is ready to support, when it is necessary, the efforts made by Iraq to reconcile its of Union legislative and regulatory frameworks in the fields covered by the agreement.
ARTICLE 89 industrial standards and conformity assessment in relation to standards, technical regulations and conformity assessment, the parties may cooperate in the following areas: 1. the promotion, on the territory of the parties, for increased use of international standards with regard to technical regulations and conformity, and in particular sectoral measures evaluation , and the intensification of cooperation between the parties in the framework of the work of the international organizations and institutions competent in the matter.
2. support to the initiatives of capacity building Iraqi standardization, evaluation of conformity, certification, metrology and market surveillance;
3. the promotion and encouragement of bilateral cooperation between the organisations responsible for Standardization, evaluation compliance, certification, metrology and in Iraq and in the Union market surveillance;
4. the adoption of common views on good regulatory practices, among others: a) transparency in the preparation, adoption and application of technical regulations, standards and conformity assessment procedures;
b) the necessity and the proportionality of regulatory measures and related procedures of conformity assessment, including the use of the declaration of compliance of suppliers;
c) the use of international standards as a basis for the development of technical regulations, except when these standards are an ineffective way or inappropriate to the pursued legitimate objectives;
(d) the application of technical regulations and market surveillance activities);
5. the strengthening of regulatory, scientific and technical cooperation through, among other things, the exchange of information, experiences and data, to improve the quality and level of technical regulations and effective use of regulatory resources;
6. improving compatibility and convergence of technical regulations, standards and conformity assessment procedures.
ARTICLE 90 Cooperation in the field of agriculture, forestry and rural development the objective is to promote cooperation in the sectors of agriculture, forestry and rural development in order to encourage diversification, environmentally-friendly practices, economic and social development sustainable and food security. The parties shall consider for this purpose: has) the actions of the capacity building and training for public institutions;
b) measures to improve the quality of agricultural products, to develop the capacities of producer associations and support for trade promotion activities;
(c) measures the health of the environment, animal health measures and phytosanitary and other related aspects, taking into account the legislation in force for the two parties, in accordance with the rules of the World Trade Organization and the multilateral environmental agreements;
(d) the measures related to sustainable socio-economic development of rural areas, including environmentally friendly practices on the environment, forestry, research, the transfer of know-how, access to land, water management and irrigation, sustainable rural development and food security;
(e) the measures relating to the preservation of traditional agricultural knowledge that shape the identity of the populations, including co-operation in respect of geographical indications, the exchange of experiences at the local level and the establishment of cooperation networks;
f) modernization of the agricultural sector, including production methods, and diversification of products.
ARTICLE 91 energy 1. The parties shall endeavour to improve cooperation in the energy sector, in compliance with the principles of freedom, competitiveness and open markets, in the goal: has) to improve energy security while preserving the environment in the long term and in promoting economic growth.
(b) to put in place institutional, legislative and regulatory frameworks in the energy sector to ensure the proper functioning of the market and stimulate investment in this sector;
(c) develop and encourage partnerships between undertakings of the Union and Iraq in the fields of exploration, production, processing, transport, distribution and services in the energy sector;
(d)) to establish regular and effective dialogue on energy between the parties and at the regional level, particularly in the context of the Euro-Arab gas market in the Mashriq sub-region and other regional initiatives.
2. has this effect, the parties agree to promote mutually beneficial contacts so: has) to support the development, by Iraq, energy policy appropriate, as well as the establishment
the regulatory framework and related infrastructure, in compliance with the principles of the sustainability of the environment, sound management of energy resources, as well as freedom, competitiveness and the opening of the market;
(b) to cooperate in the improvement of the administrative and legal capacity and to establish stable and transparent legal framework needed to stimulate economic activity and international investment in the sector of energy in Iraq;
(c) to encourage technical cooperation in the fields of prospecting and exploitation of oil and natural gas reserves Iraqi, as well as the development and modernization of oil and gas infrastructure, including networks of transport and transit to the Mashreq region to other markets under a regional initiative in this field and to the market of the Union;
(d) to improve the reliability of power supply in Iraq;
(e) to intensify cooperation to enhance energy security and to fight against climate change by promoting renewable energy, energy efficiency and the reduction of gas flaring sources;
f) to facilitate the exchange of know-how and technology transfer, dissemination of best practices, as well as the training of professionals;
(g) to encourage the participation of Iraq in the process of regional integration of the energy markets.
ARTICLE 92 transport 1.
The parties shall endeavour to improve cooperation in the transport sector, so as to establish an efficient and sustainable transport system, with the aim: a) to stimulate the development of transportation and interconnections while preserving the environment in the long term and in promoting economic growth.
(b) to develop frameworks institutional, legislative and regulatory in the whole of the transport sectors to ensure the proper functioning of the market and stimulate investment;
(c) develop and encourage partnerships between undertakings of the Union and Iraq in the fields of prospecting, building capacity, development of infrastructure, safety and security and services in the transport sector;
(d)) to establish regular and effective dialogue on transport between the parties, and at the regional level, particularly in the context of Euro-Mediterranean cooperation in the transport sector and other regional initiatives.
2. has this effect, the parties agree to promote mutually beneficial contacts so: has) to support the development of a transport policy that is conducive to the development of all modes of transport and the implementation of its regulatory framework, as well as the rehabilitation and modernization of the transport infrastructure in Iraq, emphasizing the importance of sustainability. ensure intermodality and integration of all modes of transport; to examine the possibility of closer the legislative and regulatory framework of European and international standards, in particular in the areas of safety and security;
(b) to work jointly towards improving / the restoration of the administrative and legal capacity to develop specific plans for priority sectors and to establish stable and transparent legal framework necessary to stimulate economic activity and international investment in the sector of transport in Iraq, drawing practices and political Union, and to put in place the necessary independent regulatory authorities;
(c) to promote technical cooperation in the fields of prospecting and the development of all sectors of transport in Iraq, as well as the development and modernization of transport infrastructure, including the interconnections with the Mashreq, other markets transport networks under a regional matter and the Union initiative;
(d) to improve the reliability of the transport stream to Iraq through its territory;
e) to facilitate the exchange of know-how and technology transfer, dissemination of best practices, as well as the training of professionals, essential aspects of cooperation that are treated as a priority;
(f) to encourage the participation of Iraq in the process of regional transport systems interconnection;
(g) implement a national aviation policy, including on the development of airports and air traffic management, and continue to strengthen the administrative capacity (including by putting in place a to the actual regulatory functions autonomous civil aviation authority), to negotiate a 'horizontal' air transport agreement to restore legal certainty to bilateral air transport agreements and to examine the possibility of negotiating a comprehensive agreement Union-Iraq in the field of aviation.
ARTICLE 93 environment 1. The parties agree to strengthen and intensify their efforts for the protection of the environment, particularly as regards climate change, the sustainable management of natural resources and the preservation of biological diversity as a basis for the development of current and future generations.
2. the parties agree that cooperation in this area should promote the protection of the environment in a sustainable development perspective.
Defined by mutual agreement, the outcome of the World Summit on sustainable development will be taken into account in all activities undertaken by the parties under this agreement.
3. actions of cooperation in this area will, among other things, focus on: has) the exchange of information and expertise in the field of the environment (for example, on urban issues, the protection of nature, the management of water and waste, disaster management, etc.);
b) encouragement and promotion of regional cooperation in the field of the protection of the environment, including investment in environmental projects and programs;
(c) promoting environmental awareness and increased participation of local populations in efforts to promote the protection of the environment and sustainable development;
d) support for capacity-building in the field of the environment with a view, for example, to mitigate the effects of climate change and adapt;
e) cooperation on negotiation and implementation of multilateral agreements on the environment;
(f) the encouragement of the exchange of technical assistance in environmental programming and taking account of environmental considerations into other areas of action);
g) support for the work of analysis and research in the environmental sector.
ARTICLE 94 Telecommunications parties shall cooperate with a view: a) to stimulate the exchange of information concerning the legislation in force and any upcoming legislative reforms in the telecommunications sector in order to allow a better understanding of their respective regulatory frameworks in this area;
b) to exchange information on the evolution of the technology and standards for information and communications.
ARTICLE 95 Science and technology 1. The parties shall encourage, in their interest mutual cooperation in the field of civil scientific research and technological development (RTD) and, taking into account available resources, appropriate access to their programs of respective research, subject to effective and sufficient protection of intellectual, industrial and commercial property rights.
2. science and technology cooperation includes: has) the exchange of scientific and technological cooperation; programmes;
(b) the Organization of joint scientific meetings;
(c) joint RTD activities;
(d) the realization of training and mobility programmes for scientists, researchers and specialists of research and technological development of the parties).
3. this cooperation is being implemented according to specific arrangements, negotiated and concluded in accordance with the procedures adopted by each party, which lay down, among other things, the appropriate intellectual property rights provisions.
ARTICLE 96 customs and tax Cooperation 1. The parties shall establish a customs cooperation including on training, the simplification of formalities, procedures and customs documents, prevention, education and punishment of breaches of customs legislation to ensure compliance with all the provisions relating to the exchanges it is planned to adopt and bring the system Customs Union of Iraq.
2. without prejudice to their respective competences and in order to strengthen and develop economic activities taking into account the need to develop an appropriate regulatory framework, the parties recognize the principles of good governance, including the principles of transparency, exchange of information and fair tax competition, and undertake to apply them in the field of taxation. For this purpose, in accordance with their respective powers, they improve international cooperation in the field of taxation and implement measures for the proper implementation of the above principles.
ARTICLE 97 Statistical Cooperation the
parties agree to encourage cooperation activities in the field of statistics, which will focus on strengthening institutions, capacity-building and the national statistics system, including in the development of statistical methods, as well as the production and dissemination of statistics on the trading of goods and services and, more generally, on any other field in support of the national priorities of socio-economic development covered by this agreement and amenable to statistical processing.
ARTICLE 98 macroeconomic stability and public finance 1.
The parties agree that it is important for Iraq to achieve macroeconomic stability through a sound monetary policy to achieve and maintain price stability, as well as a budgetary policy aimed at ensuring the viability of debt.
2. the parties agree that it is important to ensure the effectiveness and transparency of public expenditure, as well as the obligation to justify these expenditures, at the national and local levels in Iraq.
3. the parties agree to cooperate, inter alia, to improve the system of financial management public Iraq aimed, inter alia, the completeness of the budgetary programming and the establishment of a single treasury account.
ARTICLE 99 sector development private the parties agree to cooperate in the development of a market economy in Iraq, improving the investment climate, by diversifying economic activity, progress in implementing the privatisation programme, as well as by improving the other conditions necessary to expedite the creation of jobs in the private sector.
ARTICLE 100 tourism 1. The parties advocate an improvement of their cooperation to ensure a sustainable and balanced development of tourism and related aspects.
2. the parties therefore agree to develop cooperation in the field of tourism and, in particular, to exchange information, experiences and best practices with regard to the Organization of the institutional framework of the tourism sector and the general framework in which companies in this sector are changing.
ARTICLE 101 Financial Services the parties shall cooperate in the approximation of their laws and their standards, with a view inter alia: a) to strengthen the financial sector in Iraq;
b) to improve the accounting systems, monitoring and regulation of banking, insurance and other financial sectors in Iraq;
c) to exchange information on the laws in force or under preparation, d) of developing compatible auditing systems.
Title IV JUSTICE, freedom and security ARTICLE 102 rule of law 1. In the context of their cooperation on justice, freedom and security, the parties demonstrate a constant commitment and attach particular importance to the principle of the rule of law, including the independence of the judicial system, access to justice and the right to a fair trial.
2. the parties shall cooperate to further improve the functioning of the institutions responsible for enforcing the law and administer justice, including by strengthening their capacities.
ARTICLE 103 legal Cooperation 1. The parties agree to develop judicial cooperation in civil matters, in particular as regards the ratification and the implementation of multilateral conventions on judicial cooperation in civil matters, and in particular the conventions of the Hague conference of private international law relating to mutual legal assistance international, international litigation and the protection of children.
2. the parties agree to facilitate and encourage the use of modes of out-of-court settlement of disputes civil and commercial private whenever applicable international instruments permit.
3. with regard to cooperation in criminal matters, the parties shall endeavour to strengthen cooperation on mutual legal assistance and extradition. This is particular to accede to the international instruments of the United Nations in the material, including the Rome Statute establishing the International Criminal Court referred to in article 7 of this agreement, and to implement.
ARTICLE 104 Protection of personal data 1. The parties agree to cooperate in order to align the level of protection of the personal data on the highest international standards, including the guidelines of the United Nations for the regulation of computerised records of personal data (resolution 45/95 of 14 December 1990 United Nations General Assembly).
2. cooperation on personal data protection may include technical assistance in the form of an exchange of information and expertise.
SECTION 105 Cooperation on migration and asylum 1. The parties reaffirm the importance they attach to a joint management of migration flows between their territories. In order to strengthen their cooperation, they undertake a comprehensive dialogue on all issues relating to migration, including illegal migration, smuggling of migrants and trafficking humans, as well as taking account of migration issues in national strategies for socio-economic development of the regions of origin of the migrants.
2. the cooperation is based on a specific needs assessment conducted in cooperation by the parties and is implemented in accordance with the legislation of the Union and national legislation in force. It focuses on: a) the root causes of migration;
(b) the development and implementation of laws and national practices in international protection, to comply with the provisions of the Geneva Convention of 1951 on the status of refugees, its Protocol of 1967 and other instruments in this area and to enforce the principle of non-refoulement, while acknowledging that Iraq is not yet a party to the Geneva Convention of 1951 on the status of refugees and its 1967 Protocol but that it consider the possibility of acceding in the future;
(c) the admission rules and rights and status of persons admitted, fair treatment and integration of non-citizens in order in society, education and training and measures to combat racism and xenophobia;
d) the development of an effective preventive policy against illegal immigration, smuggling of migrants and trafficking humans, including on the means to fight against networks and criminal organizations of smugglers and traffickers and protecting the victims of such traffic;
(e) the return, in human and dignified conditions, of persons residing illegally on the territory of a country, including the encouragement of their voluntary return, and their readmission, in accordance with paragraph 3;
f) visas, including on issues of common interest, in the context of the existing Schengen acquis;
g) management and control of borders, including with regard to organisation, training, best practices and other measures applied in the field as well as, where appropriate, the provision of equipment for which it should be keep in mind they can be dual use.
3. in the framework of the cooperation to prevent and control illegal immigration, the parties also agree to readmit their illegal migrants. For this purpose: a) Iraq readmit its own nationals who do not fulfil or no longer fulfil the conditions for entry, presence or residence in the territory of a Member State of the Union, at the request of the latter and without further formalities;
(b) and each Member of the Union State shall readmit its own nationals who do not fulfil or no longer fulfil the conditions of entry, presence or residence applicable on the territory of Iraq, at the request of the latter and without further formalities.
4. the Member States of the Union and Iraq provide their nationals appropriate documents confirming their identity to enable them to travel to this effect. When the person to be readmitted possesses no document or other evidence of nationality, diplomatic and consular representations competent Iraq or the Member State concerned shall, at the request of Iraq or the Member State concerned, arrange to speak with that person in order to establish his nationality.
5. in this context, the parties agree to conclude, at the request of one or other of them defined in article 122 and as soon as possible, an agreement on the prevention and control of illegal immigration and on the specific obligations and procedures governing the readmission covering also, if the parties deem it necessary the readmission of nationals of other countries and stateless persons.
6. cooperation in this field shall fully respect the rights, obligations and responsibilities of the parties under relevant international law and international humanitarian law.
ARTICLE 106 fight against organized crime and corruption the parties agree to cooperate and to contribute to the fight against organised crime, economic and financial, and against corruption, counterfeiting and illegal transactions, in the full respect of their mutual obligations in this field,
particular by effective cooperation in the recovery of assets or funds derived from acts of corruption. They support the implementation of the UN Convention against transnational organized crime and its additional protocols as well as the UN Convention against corruption.
ARTICLE 107 fight against money laundering and the financing of terrorism 1. The parties agree to the need to work and cooperate to prevent their financial systems are used to money laundering from criminal activities, including trafficking in drugs and corruption, and the financing of terrorism.
2. the parties agree to cooperate by administrative and technical assistance aimed at the development and implementation of regulations and the improvement of the functioning of mechanisms to combat money laundering and the financing of terrorism. This cooperation extends to the recovery of assets or funds derived from criminal acts.
3. the cooperation will allow exchange of information useful in the context of their respective laws and the adoption of appropriate standards to combat money laundering and the financing of terrorism, equivalent to those adopted by the financial action task force on money laundering (hereinafter ' FATF '), by the Union and by international bodies active in this field.
ARTICLE 108 struggle against illicit drugs 1. In accordance with their legislation and respective regulations, the parties shall endeavour to reduce the supply, trafficking and demand for illicit drugs and their impact on drug users and society as a whole and more effectively prevent the diversion of chemical precursors used in illicit drug manufacture and psychotropic substances.
In the context of their cooperation, they ensure that a comprehensive and balanced approach to achieve this goal through action and coordination effective between competent authorities, including the areas of health, education, social, law enforcement and justice as well as a lawful market regulation services.
2. the parties agree to the methods of cooperation necessary for the achievement of these objectives. Actions are based on common principles inspired by the international conventions in force in this area, the political declaration and the special declaration on the guidelines to follow to reduce the demand for narcotic drugs, adopted in June 1998 during the twentieth special session of the United Nations General Assembly on drugs.
ARTICLE 109 Cultural Cooperation 1. The parties undertake to encourage bilateral cooperation in the field of culture to improve their mutual understanding and promote their cultural relations.
2. the parties support the exchange of information and expertise, as well as initiatives that contribute to the strengthening of capacities, including as regards the preservation of the cultural heritage.
3. the parties are intensifying their cooperation in the fight against the illicit trafficking of cultural property, in accordance with the resolution of the Security Council concerning Iraq. They promote the ratification and effective implementation of the international agreements in this field, including the UNESCO Convention of 1970 on the means of prohibiting and preventing illicit cultural property import, export and transfer of ownership.
4. the parties shall encourage intercultural dialogue between people, cultural institutions and organizations representing civil society organisations of the Union and Iraq.
5. the parties are coordinating their efforts in international fora, particularly in the context of UNESCO and/or other international agencies, to promote cultural diversity, especially with regard to the ratification and the implementation of the Convention by UNESCO on the protection and promotion of the diversity of cultural expressions.
ARTICLE 110 Regional Cooperation 1. The parties agree that cooperation should contribute to facilitate and support stability in Iraq and its integration in the region. To this end, they agree to promote activities to strengthen relations with Iraq, its neighboring countries and other partners in the region.
2. the parties agree to the principle that their cooperation may extend to actions undertaken in the context of cooperation agreements with other countries in the same region, provided that these actions are consistent with this agreement and in accordance with their interests.
3. without excluding no field, the parties agree to consider the following actions in priority: a) the promotion of intra-regional trade;
b) support for regional institutions and projects and joint initiatives launched by regional organizations.
Title V provisions institutional, General and final section 111 Council of cooperation 1.
A cooperation Council to oversee the implementation of this Agreement shall be established. It meets at ministerial level once a year. It examines all of the important issues arising under this agreement, and any other bilateral or international common interest issues to achieve the objectives of this agreement. It can also formulate, by mutual agreement between the two parties, appropriate recommendations.
2. the cooperation Council is composed of representatives of the parties.
3. the cooperation Council shall adopt its rules of procedure.
4. each party may apply to the cooperation Council any dispute relating to the application and interpretation of this agreement.
5. the cooperation Council may settle disputes by way of recommendation.
6. the provisions of this article in no way affect specific provisions concerning the settlement of disputes of title II of this agreement and do not prejudice these same provisions.
ARTICLE 112 cooperation Committee and specialized sub-committees 1. A cooperation Committee, consisting of representatives of the parties, is hereby established to assist the cooperation Council in the fulfilment of its tasks.
2. the cooperation Council may decide to establish any Subcommittee or specialized body to assist it in the performance of its duties and shall determine the composition, the mission and operation.
ARTICLE 113 parliamentary cooperation Committee 1. A parliamentary cooperation Committee is hereby established. This Committee is the forum where members of the Iraqi Parliament and those of the European Parliament to meet and exchange their views.
2. the parliamentary cooperation Committee is composed, on the one hand, of members of the European Parliament and, on the other hand, of members of the Iraqi Parliament.
3. the parliamentary cooperation Committee shall be informed of the recommendations of the cooperation Council.
4. the parliamentary cooperation Committee may make recommendations to the cooperation Council.
ARTICLE 114 resources to facilitate the cooperation under this agreement, both parties agree to grant, in accordance with their rules and internal regulations, the resources necessary for the fulfilment of the tasks of the experts and duly authorised officials playing an active role in the implementation of cooperation.
ARTICLE 115 territorial Application this Agreement shall apply, on the one hand, to the territories in which the Treaty on European Union and the Treaty on the functioning of the European Union apply and under the conditions defined in the said treaties and, on the other hand, to the territory of Iraq.
SECTION 116 entry into force and renewal 1. This agreement shall enter into force the first day of the month following the date of receipt by the depositary of the last notification by the parties of the completion of the procedures necessary for this purpose.
2. this agreement is concluded for a period of ten years. It is automatically renewed from year to year, unless one of the parties denounces no later than six months before the expiry date. The agreement shall cease to be applicable six months after receipt of the notice by the other party. This denunciation does not affect the current projects in respect of this agreement prior to the receipt of the notification.
ARTICLE 117 provisional Application 1. Notwithstanding article 116, the Union and Iraq agree to apply article 2, as well as titles II, III and V of this agreement from the first day of the third month following the date on which the Union and Iraq have notified the completion of the procedures necessary for this purpose. The notification shall be addressed to the Secretary general of the Council of the European Union, depository of the agreement.
2. If, in accordance with paragraph 1, the parties shall apply a provision of this agreement prior to the entry into force, any reference to the date of entry into force of this agreement contained in this provision refers to the date from which the parties agree to apply that provision in accordance with paragraph 1.
ARTICLE 118 non-discrimination in the areas covered by this agreement and without prejudice to any special provisions contained therein: a) the regime applied by Iraq to the Union cannot give rise to any discrimination between
the Member States, their nationals or their companies;
(b) the arrangements applied by the Union with regard to Iraq cannot give rise to any discrimination between nationals or corporations of the latter.
ARTICLE 119 Review Clause 1. The parties may, by mutual consent, edit, revise and expand this agreement in order to enhance the level of cooperation, including enforcing such agreements or protocols on areas or specific activities.
2. in the context of the application of this agreement, each of the two parties may issue suggestions to expand the scope of cooperation, taking into account the experience gained in its implementation. Any broadening of the scope of the cooperation under this Agreement shall be decided by the cooperation Council.
ARTICLE 120 other agreements 1.
Without prejudice to the provisions of the Treaty on European Union and the Treaty on the functioning of the European Union, neither this agreement nor any action carried out in the context of the latter do affect, in any manner whatsoever, the power of the Member States to undertake bilateral cooperation actions with Iraq or to conclude, where appropriate, new agreements of cooperation with this country.
2. this agreement does not affect the application or implementation of the commitments made by each party in its relations with third parties.
ARTICLE 121 non-execution of the agreement 1.
The parties shall take all General measures or specific necessary for the fulfilment of their obligations arising from this agreement and shall ensure that the objectives defined therein are met.
2. If one of the parties considers that the other has not fulfilled one of the obligations of this agreement, it may take appropriate measures. Previously, it must provide to the cooperation Council, within a period of thirty days, all the elements of information required for a thorough examination of the situation with a view to seeking a solution acceptable to the parties.
The choice of these measures must be priority on those that disturb least the functioning of this agreement. These measures shall be notified immediately to the cooperation Council and are the subject of consultations within it if the other party so requests.
3. by way of derogation from paragraph 2, a party may take of the appropriate measures adopted in accordance with international law with immediate effect in case of: a) denunciation of the agreement not sanctioned by the General rules of international law;
(b) violation by the other party of the essential elements of the agreement referred to in articles 2 and 5.
The other party may request the convening of an urgent meeting between the parties, within a period of fifteen days, for a thorough examination of the situation with a view to seeking a solution acceptable to the parties.
4. by way of derogation from paragraph 2, if one of the parties considers that the other party did not meet an obligation under Title II of the agreement, it must exclusively use and stick to the dispute settlement procedures established in title II, section VI, of this agreement.
ARTICLE 122 Definition of the parties for the purposes of this agreement, 'parties' means, on the one hand, the Union or its Member States or the Union and its States members, in accordance with their respective powers, and, on the other hand, Iraq.
ARTICLE 123 authentic texts this agreement is drawn up in double copy in the languages German, English, Bulgarian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish, Czech and Arabic, each of these texts being equally authentic. In case of discrepancy, reference is made to the language in which this agreement was negotiated, namely English.
ARTICLE 124 Annexes, appendices, protocols and notes the annexes, apprendices, protocols and notes to this agreement are an integral part of it.
Done at Brussels, 11 may 2012.
For the consultation of the table, see image
Search Translated Laws of Belgium