Law Approving The Partnership Agreement And Cooperation Between The Communities European And Their Member States, Of A Part, And The Republic Of Armenia, Of Another Part, Annexes I, Ii, Iii, And Iv, Protocol, And Final Act, Made In Luxembourg The

Original Language Title: Loi portant assentiment à l'Accord de Partenariat et de coopération entre les Communautés européennes et leurs Etats membres, d'une part, et la République d'Arménie, d'autre part, Annexes I, II, III, et IV, Protocole, et Acte final, faits à Luxembourg le

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Posted the: 1999-12-02 Numac: 1999015014 Ministry of Foreign Affairs, international trade and international COOPERATION 9 January 1998. -Law approving partnership agreement and cooperation between the European communities and their Member States, of the one part, and the Republic of Armenia, of another part, Annexes I, II, III, and IV, Protocol, and final act, made in Luxembourg on 22 April 1996 (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 agreement of partnership and cooperation between the European communities and their Member States, of one part, and the Republic of Armenia, on the other hand, Annexes I, II, III, and IV, Protocol and final act, made in Luxembourg on 22 April 1996, come full and complete effect.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels January 9, 1998.
ALBERT by the King: the Minister for Foreign Affairs, E. DERYCKE sealed with the seal of the State: the Minister of Justice, S. DE CLERCK _ Notes (1) Sessions 1996-1997: Senate Documents. -Bill filed on May 22, 1997, no. 1 - 635/1.
Report, no. 1-635/2. Text adopted by the Committee, n ° 1-635/3.
Parliamentary Annals. -Discussion.
Meeting of July 16, 1997. Vote. Meeting of 17 July 1997.
Room Documents. -Draft transmitted by the Senate, no. 1140/1. Report, no. 1140/2.
Sessions 1997-1998: parliamentary Annals. -Discussion. Meeting of November 12, 1997. Vote. Meeting of November 13, 1998.
(2) see also the Decree of the French community of 22 December 1997 (Moniteur belge of 15 August 1998), the Decree of the Flemish community / the Flemish Region of 28 April 1998 (Moniteur belge of 6 June 1998), the Decree of the German-speaking community of 20 January 1997 (Moniteur belge of 21 June 1997), the Decree of the Walloon Region from February 5, 1998 (Moniteur belge of 27 February 1998) Order of the Brussels-Capital Region on 20 November 1997 (Moniteur belge of 14 January 1998) and the order of the common Community Commission of the Brussels-Capital Region of 10 December 1998 (Moniteur belge of 4 March 1999).
Partnership and cooperation agreement between the European communities and their Member States, of one part, and the Republic of Armenia, on the other hand the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the GRAND Duchy of LUXEMBOURG, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic , The Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, contracting parties to the Treaty establishing the European Community, the Treaty establishing the European coal and steel and to the Treaty establishing the European Atomic Energy, hereinafter referred to as 'Member States', and the European Community, the Community European of the energy Atomic and the Community European of coal and of the steel hereinafter referred to as 'Community', of the one part, and the Republic of Armenia, on the other hand, whereas the links existing between the community, its Member States and the Republic of Armenia and the common values that they share, recognizing that the community and the Republic of Armenia wish to strengthen those links and to establish partnership and cooperation which deepen and extend relationships previously established between them, notably by the agreement between the Economic Community European and the Community European Atomic Energy and the Union of Soviet Socialist Republics Soviet on trade and commercial and economic cooperation signed on 18 December 1989.
CONSIDERING the wish of the community and its Member States and the Republic of Armenia to strengthen political and economic freedoms which constitute the basis of the partnership, considering the desire of the parties to promote peace and security and the peaceful settlement of disputes and to cooperate to this end in the context of the United Nations and the Organization for security and cooperation in Europe (OSCE) WHEREAS the community, its Member States and the Republic of Armenia are firmly committed to implement fully all the provisions and principles contained in the final act of the Conference on security and cooperation in Europe (CSCE) in closing of the Madrid and Vienna follow-up conferences, documents in the document of the CSCE Bonn Conference on economic cooperation in the Charter of Paris for a new Europe and in the document "Challenges of change" of the 1992 Helsinki CSCE, as well as of other basic documents of the OSCE, recognizing that in this context, the support of the independence, sovereignty and territorial integrity of the Republic of Armenia contributes to safeguard peace and stability in Europe, convinced of the importance of the rule of law and respect for human rights including those of persons belonging to minorities, the establishment of a system based on a multi-party system and free and democratic elections and economic liberalization aimed at establishing a market economy, considering that the implementation of the agreement of partnership and cooperation presupposes and will contribute to the continuation and the fulfillment of the political reforms Economic and legal, in Republic of Armenia as well as the establishment of factors necessary for cooperation, notably in the light of the conclusions of the CSCE Conference in Bonn, desiring to encourage the process of regional cooperation in the areas covered by this agreement with neighbouring countries to promote prosperity and stability in the region and in particular initiatives to foster cooperation and mutual trust between the independent States of Transcaucasia and other neighbouring States, desiring of establishing and developing regular political dialogue on bilateral, regional and international common interest issues, recognizing and supporting the will of the Republic of Armenia to establish close cooperation with the European institutions, whereas the need to promote investment in the Republic of Armenia, especially in the energy sector, and in this context the importance attached by the community and its Member States to equitable conditions for access to energy products transit and export; confirming the attachment of the community, its Member States and the Republic of Armenia to the European Energy Charter and the full implementation of the Treaty on the Charter on energy and the Protocol of the Charter of the energy efficiency and related environmental aspects, taking account of the will of the community to ensure, as needed economic cooperation and technical assistance, knowing that the agreement may encourage a gradual rapprochement between the Republic of Armenia and a wider area of cooperation in Europe and neighbouring regions, so that its progressive integration into the international system opened, whereas the parties are committed to liberalize trade, in accordance with the rules of world trade (WTO) Organization , Aware of the need to improve conditions affecting trade and investment, and conditions in areas such as the establishment of companies, employment, the provision of services and the movement of capital, SE welcoming and recognizing the importance of the efforts made by the Republic of Armenia to move from a State economy to a market economy-central planning , Convinced that this agreement will create between the parties a new climate for their economic relations, including the development of trade and investment, key instruments of economic restructuring and technological modernization, desiring to establish close cooperation in the field of the protection of the environment, taking into account the interdependence existing in this matter between the parties, recognizing that cooperation for the prevention and control of illegal immigration is one of the priorities of the present Agreement, desiring to establish a cultural cooperation and developing exchanges of information are agreed for provisions that following: ARTICLE 1 a partnership is established between the community and its Member States, of one part, and the Republic of Armenia, on the other hand. Its objectives are: - to provide an appropriate framework for the political dialogue between the parties allowing the development of political ties between them, - support efforts made by the Republic of Armenia to consolidate its democracy, develop its economy and to complete its process of transition to a market economy, promote trade and investment and harmonious economic relations between the parties in order to foster their sustainable economic development -lay the foundations for cooperation in areas of legislative, economic, social, financial, civil scientific technological and cultural cooperation.
Title I. -General principles ARTICLE 2 respect for democracy, principles of the law

international and the human rights enshrined by the Charter of the United Nations, the final act of Helsinki and the Charter of Paris for a new Europe, as well as of the principles of the market economy, including statements in the documents of the CSCE Bonn Conference, inspires the internal and external policies parties and constitutes an essential element of the partnership and this agreement.
ARTICLE 3 the parties consider it essential to their well-being and their future stability that the newly independent States emerged from the dissolution of the Union of Soviet Socialist Republics, hereinafter called "Independent States", maintain and develop their cooperation in accordance with the principles of the final act of Helsinki and international law, as well as good-neighbourly relations, and unite their efforts to encourage this process.
ARTICLE 4 the parties shall review as necessary the circumstances in the Republic of Armenia, especially with regard to the economic conditions prevailing there and the implementation of economic reforms to a market economy. The cooperation Council may make recommendations to the parties concerning the development of a portion of this agreement in the light of these circumstances.
Title II.
-Political dialogue ARTICLE 5 regular political dialogue is established between the parties, that they intend to develop and strengthen. He accompanied and consolidate the rapprochement between the community and the Republic of Armenia, supported the political and economic changes underway in that country and helps to create new forms of cooperation. Political dialogue:-will strengthen the links of the Republic of Armenia with the community and its Member States and, consequently, with the whole of the community of democratic nations. The economic convergence achieved through this agreement will lead to an intensification of political relations;
-will result in an increasing convergence of positions on international issues of mutual concern thus increasing security and stability in the region and promoting the future development of the independent States of Transcaucasia;
-provide that parties shall endeavour to cooperate in areas concerning the strengthening of stability and security in Europe, respect for the principles of democracy and the respect and promotion of human rights, in particular those of persons belonging to minorities and to consult, if necessary, on relevant issues.
This dialogue can take place on a regional basis, to contribute to the resolution of conflicts and regional tensions.
ARTICLE 6 at ministerial level, political dialogue takes place within the cooperation Council established in article 78 or on other occasions, on mutual agreement.
ARTICLE 7 other procedures and mechanisms for political dialogue are implemented by the parties, including in the following forms:-regular meetings of senior officials representing the community and its Member States, of one part, and the Republic of Armenia, on the other;
-full use of diplomatic channels between the parties, including contacts appropriate within a framework bilateral or multilateral, on occasion e.g. meetings of the United Nations, the OSCE or in other fora
-any other means, such as meetings of experts, likely to contribute to consolidate and develop the political dialogue.
ARTICLE 8 political dialogue at parliamentary level takes place within the Parliamentary Commission for cooperation set up in accordance with article 83.
Title III. -Trade in goods ARTICLE 9 1. The parties shall agree on the treatment of the most-favoured-nation for everything concerning: - customs duties and taxes, import and export, including the collection of duty and taxes, - the provisions relating to customs clearance, transit, warehouses and transhipment, - taxes and other internal charges of any kind applied directly or indirectly to imported goods - methods of payment and the transfer of such payments, - the rules governing the sale, purchase, transport, distribution and use of goods on the internal market.
2. the provisions of subsection 1 do not apply: a) advantages granted with the aim of creating a customs union or a free trade area or resulting from the creation of such a union or area;
(b) to the advantages granted to certain countries in accordance with the rules of the WTO and other international arrangements in favour of developing countries;
(c) advantages granted to neighbouring countries to facilitate frontier traffic.
3. the provisions of paragraph 1 shall not apply during a transitional period expiring on the date of the accession of the Republic of Armenia to the WTO or on 31 December 1998, the date taken into account being that of the nearest event, benefits as defined in annex I granted by the Republic of Armenia to other States, born from the dissolution of the USSR.
ARTICLE 10 1.
The parties agree that the principle of freedom of transit of goods is an essential condition for the achievement of the objectives of this agreement.
In this regard, each Party shall guarantee the transit without restrictions, via or through its territory of goods originating in the customs territory or destined for the customs territory of the other party.
2. the rules referred to in article V, paragraphs 2, 3, 4, and 5 of the GATT are applicable between the two parties.
3. the rules contained in this article are without prejudice to any other special rules agreed between the parties and relating to specific sectors, in particular transport, or to products.
ARTICLE 11 without prejudice to the rights and obligations arising from the international conventions on the temporary admission of goods which bind both parties, each party grants to the other party exemption from the duties and taxes of importation on goods admitted temporarily, in the cases and according to the procedures stipulated by any other international convention in this field that binds it, in accordance with its legislation. Account will be taken of the conditions under which the obligations stemming from such a convention have been accepted by the party in question.
ARTICLE 12 1. Goods originating in the Republic of Armenia are imported into the community outside any quantitative restriction, without prejudice to the provisions of articles 14, 17 and 18 of this agreement.
2. goods originating in the community are imported into the Republic of Armenia apart from any quantitative restriction or measure having equivalent effect.
ARTICLE 13 the goods are exchanged between the parties at market prices.
ARTICLE 14 1. Where imports of a product given the territory one of the parts increase in proportions or conditions that they cause or are likely to cause injury to domestic producers of like or directly competitive products, the community or the Republic of Armenia, as the case may be, may take appropriate measures under the conditions and according to the following procedures.
2. in taking measures or, as soon as possible, in the case of application of paragraph 4, the community or the Republic of Armenia, as the case may be, provides for the cooperation Council all relevant information with a view to seeking a solution acceptable to both parties, as provided for under Part XI.
3. If, following the consultations, the parties do not reach an agreement within 30 days of referral to the cooperation Council, about the actions to be taken to remedy the situation, the party having requested the consultations is free to restrict imports of the products concerned to the extent and for the period necessary to prevent or remedy the injury , or to adopt other appropriate measures.
4. in critical circumstances, where delay would cause damage difficult to repair, the parties may take the measures before the consultations, provided that consultations are offered immediately after the adoption of these measures.
5. in the choice of measures to be taken to the title of this article, the parties give priority to those which disturb least the achievement of the objectives of this agreement.
6. no provision of this article does not prejudice or affect in any way the adoption, by either party, of anti-dumping measures or compensatory in accordance with article VI of the GATT, the agreement on implementation of article VI of the GATT, the agreement on interpretation and application of articles VI, XVI and XXIII of the GATT or its corresponding domestic legislation.
ARTICLE 15 the parties undertake to adjust the provisions of the agreement on their trade of goods depending on the circumstances, in particular the situation resulting from the accession of the Republic of Armenia to the WTO. The cooperation Council may make to the address of the parts of the recommendations on the adjustments, which, if accepted, may be implemented by agreement between the parties, in accordance with their respective procedures.
ARTICLE 16 this agreement does not preclude prohibitions or restrictions on import, export or transit, justified on grounds of public morality, public policy, public safety, protection of health and life of humans and animals

or preservation of plants, protection of natural resources, protection of national treasures having artistic, historic or archaeological value or protection of intellectual, industrial and commercial property or to regulations relating to gold and silver. However, these prohibitions or restrictions must not constitute a means of arbitrary discrimination or a disguised restriction the trade between the parties.
ARTICLE 17 this title does not apply to trade in textile products falling within chapters 50 to 63 of the combined nomenclature. Trade in these products are governed by a separate, initialled on 18 January 1996, and applied provisionally since 1 January 1996 agreement.
SECTION 18 (1). Trade in products covered by the Treaty establishing the European coal and Steel Community are governed by the provisions of this title, with the exception of article 12.
2. it is established a contact group on issues related to the coal and steel, composed of representatives of the community, on the one hand, and of representatives of the Republic of Armenia, on the other hand.
This contact group regularly exchange information on all matters relating to coal and steel interesting parties.
ARTICLE 19 the trade in nuclear materials is carried out in accordance with the provisions of the Treaty establishing the European Atomic Energy Community. If necessary, trade in nuclear materials is subject to the provisions of a specific agreement to be concluded between the European Atomic Energy Community and the Republic of Armenia.
Title IV. -Provisions relating to trade and investment, chapter I. -Conditions for employment ARTICLE 20 1. Subject to the laws, conditions and procedures applicable in each Member State, the community and the Member States shall endeavour to ensure that Armenian nationals legally employed in the territory of a Member State, not subject to any discrimination based on nationality, as regards working conditions, remuneration or dismissal, compared to nationals of that Member State.
2. in subject to the laws, conditions and procedures applicable in Republic of Armenia, the Republic of Armenia shall endeavour to ensure that workers who are nationals of a Member State legally employed in the territory of the Republic of Armenia are the subject of any discrimination based on nationality, as regards conditions of work, remuneration or dismissal, compared to its own nationals.
ARTICLE 21 the Commission of cooperation examines improvements that can be made to the working conditions of business in accordance with the international commitments of the parties, particularly those identified in the document of the CSCE Bonn Conference.
ARTICLE 22 the cooperation Council shall make recommendations for the implementation of articles 20 and 21.
CHAPTER II. -Conditions for the establishment and activity of companies ARTICLE 23 1. The community and its Member States accord treatment no less favourable than that accorded to companies of a third country for the establishment of Armenian companies, as defined in article 25 point d).
2. without prejudice to the reservations listed in annex IV, the community and its Member States give to subsidiaries of Armenian companies established on their territory treatment no less favourable than that accorded to Community companies, in relation to their exploitation.
3. the community and its Member States reserve branches of Armenian companies established in their territories treatment no less favourable than that accorded to branches of companies of a third country, with respect to their operation.
4. the Republic of Armenia attaches to the establishment of Community companies as defined in article 25 point d), treatment no less favourable than that accorded to Armenian companies or companies of a third country, if the latter is best, and grant to subsidiaries or branches of Community companies established in its territory a treatment less favourable than that accorded to its own companies or branches or to companies or branches of a third country If it is better, as regards their operation.
ARTICLE 24 1.
Without prejudice to the provisions of article 97, the provisions of article 23 shall not apply to air, River and sea transport.
2. However, with respect to the following activities maritime agencies providing international maritime transport services, including intermodal transport operations comprising marine part, each party will permit the companies of the other party to have a commercial presence in its territory in the form of subsidiaries or branches, under conditions of establishment and activity no less favorable than those accorded to its own companies or to subsidiaries or branches of companies of a country third, if they are better, and this in accordance with the laws and regulations of application in each part.
3. these activities include, without limitation: has) the marketing and sale of maritime transport and services services by direct contact with customers, the price offer to the establishment of the invoice, that these services are made or offered by the provider service itself or by service suppliers with which the seller of services established permanent trade agreements;
b) purchase and use, on their own behalf or on behalf of their customers (and the resale to their customers) of any service of transport or annex, including domestic transport services by any mode whatsoever, including transport River, road and rail, necessary for the supply of a service integrated;
(c) the preparation of transport documents, customs documents, or any other document relating to the origin and the nature of the goods carried;
d) the provision of business information by any means, including computerized systems and the exchange of electronic data (subject to non-discriminatory restrictions concerning telecommunications);
e) the establishment of a business arrangement, including participation in the share capital of the company and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the relevant provisions of this Agreement), with other marine agencies established on-site;
f) the Organization, on behalf of the companies of the call of the vessel or the taking over cargoes when required.
ARTICLE 25 for the purposes of this agreement, means: a) "Community company" or "Armenian company" respectively: a company incorporated in accordance with the legislation of a Member State or the Republic of Armenia and having its registered office, central administration or its main establishment on the territory of the community or the Republic of Armenia. However, if the company, incorporated in accordance with the legislation of a Member State or the Republic of Armenia has only its registered office on the territory of the community or the Republic of Armenia, it will be considered a Community company or a company if its activity has an actual and continuous link with the economy of one of the Member States or the Republic of Armenia-Azeri respectively.
(b) "subsidiary" of a company: a company effectively controlled by the first.
(c) "branch" of a company: an establishment with no legal personality which has the appearance of permanency, such as the extension of a parent body, has a management and clean and is equipped materially to negotiate business with third parties so that the latter, although knowing that there will be, if necessary, a legal parent relation, whose seat is abroad are not required to deal directly with it, but can perform business transactions instead of the institution constituting the extension.
(d) "establishment": the right to Community companies or Armenian defined in point) access to economic activities through the creation of subsidiaries and branches in Republic of Armenia or in the community respectively.
(e) ' operation': exercising an economic activity.
(f) ' economic activities': industrial and commercial activities as well as the liberal professions.
With regard to international maritime transport, including intermodal operations involving a sea journey, enjoy also the provisions of this chapter and chapter III, nationals of Member States or the Republic of Armenia, established outside the community or the Republic of Armenia respectively, and shipping companies established outside the community or the Republic of Armenia and controlled by nationals of a Member State or of the Republic of Armenia If their vessels are registered in that Member State or in the Republic of Armenia in accordance with their respective laws.
ARTICLE 26 1. Notwithstanding any other provision of this agreement, it is not obstacle to adoption by a part of prudential measures, especially to ensure the protection of investors, depositors, policy holders of insurance or the "settlors", or to preserve the integrity and stability of the financial system. When these measures are not in accordance with the provisions of this agreement, they

cannot be used to escape the obligations of a party under this agreement.
2. no provision of this Agreement shall be construed to require a party to disclose information relating to the Affairs and accounts of individual customers or any confidential or protected in the possession of public institutions.
3. for the purposes of this agreement, means "financial services" means those activities described in annex III.
ARTICLE 27 the provisions of this agreement are without prejudice to the application by each party of any measure necessary to prevent the measures it has taken concerning third-country access to its market to be circumvented through the provisions of this agreement.
ARTICLE 28 1. Notwithstanding the provisions of chapter I of this title, a Community company or an Armenian company established in the territory of the Republic of Armenia or in the community respectively has the right to employ or have employed by one of its subsidiaries or branches, in accordance with the legislation in force in the country of host institution, in the territory of the Republic of Armenia and the community respectively nationals of the States members of the community and the Republic of Armenia, provided that these persons form part of base personnel defined in paragraph 2 of this article and that they be exclusively employed by these companies or branches. The permit of stay and work of these people cover only the period of employment.
(2. the core staff of the companies mentioned above, hereinafter referred to as "firms", is composed of "persons transferred between companies" as defined in point c) and belonging to the categories, provided that the firm has a legal personality and that the persons concerned have been employed by this firm or have been partners of this firm (other than majority shareholders) for at least one year before this transfer (: a) of executives of a firm whose main function is to manage the establishment, under the control or the Directorate-General of the Board of directors or the shareholders or their equivalents, their function consisting of: - directing the establishment or service or a section of the school - monitor and control the work of other employees exercising functions of supervisory, management or technical functions - hire or dismiss or recommend hire or dismiss staff or take other measures concerning staff, by virtue of powers conferred on them.
(b) persons employed by a firm, possessing exceptional competencies concerning the service, research equipment, technologies, or management of the institution. The assessment of such knowledge may be, besides on knowledge specific to the establishment, on the high level of skills for a type of work or activity requiring specific technical knowledge, including membership of an accredited profession.
(c) "person transferred between undertakings" is defined as a natural person working for a firm in the territory of a party and transferred temporarily in the context of the exercise of economic activities on the territory of the other party;
the firm concerned must have its principal place of business in the territory of a party and the transfer be to an establishment (branch, subsidiary) of that organisation, effectively pursuing like economic activities in the territory of the other party.
ARTICLE 29 1.
The parties shall endeavour as far as possible to avoid taking measures or actions making the conditions of establishment and operation of their companies more restrictive than they were the day before the date of signature of this agreement.
2. the provisions of this article shall be understood without prejudice to those of article 37: the situations covered by article 37 are governed solely by the provisions of this article except for any other provision.
3. acting in the spirit of partnership and cooperation and in the light of the provisions of article 43, the Government of the Republic of Armenia shall inform the community of its intention to propose new legislation or adopt new regulations which may render the conditions of establishment or operation in the Republic of Armenia of branches and subsidiaries of Community companies more restrictive than they were the day before the date of signature of this agreement. The community may request the Republic of Armenia to communicate draft laws or regulations and to initiate consultations on this subject.
4. where new legislation or regulations introduced in the Republic of Armenia may make the conditions of operation of branches and subsidiaries of Community companies established in the Republic of Armenia more restrictive than they were the day of the signing of this agreement, these laws or respective regulations shall not apply during three years following the entry into force of the Act in question to subsidiaries and branches already established in the Republic of Armenia at the time of the entry into force of this Act.
CHAPTER III. -Cross-border supply of services between the community and the Republic of Armenia ARTICLE 30 1. The parties undertake, in accordance with the provisions of this chapter, to take steps to allow progressively the provision of services by Community companies or Armenian which are established in one party other than that of the recipient of services, taking account of the evolution of the sector services in both parties.
2. the cooperation Council made the necessary recommendations to the implementation of paragraph 1.
ARTICLE 31 the parties shall cooperate to develop a services sector obeying the laws of the market in the Republic of Armenia.
SECTION 32 1.
With regard to international maritime transport, the parties undertake to apply effectively the principle of free access to the market and traffic on a commercial basis.
(a) the above provision is without prejudice to rights and obligations under the United Nations convention on a code of conduct for liner conferences applicable to one or other of the parties to this agreement. Non-conference companies are free to act in competition with a conference as long as they adhere to the principle of fair competition on a commercial basis.
(b) the parties affirm their adherence to the principle of free competition for trade in bulk, dry and liquid.
2. in applying the principles of paragraph 1, parties: has) refrain to apply from the entry into force of this agreement, the terms of cargo-sharing of bilateral agreements between a Member State of the community and the former Soviet Union;
(b) refrain from introducing the opportunity to participate in bilateral future agreements with third countries, the terms of cargo-sharing, except in exceptional circumstances where companies of navigation from one or the other party to this agreement would not, otherwise, actually to the traffic to and from the third country concerned;
c) prohibit in future bilateral agreements, the clauses of cargo-sharing concerning bulk, dry and liquid;
d) abolish, upon the entry into force of this agreement, all unilateral measures, administrative, technical and other obstacles which could have restrictive or discriminatory effects on the free provision of services in international maritime transport.
3. each party grants, among others, the ships operated by nationals or companies of the other party, treatment not less favourable than that accorded to its own ships in regard to access to ports open to international trade, the use of infrastructure and auxiliary maritime services of those ports, as well as in what concerning the rights and taxes Customs facilities, the designation of positions of anchorage and loading and unloading facilities.
4. the nationals and community companies providing international maritime transport services are free to provide international sea-river services on the inland waterways of the Republic of Armenia and vice versa.
Reciprocal ARTICLE 33 in order to ensure a coordinated development of transport between the parties, adapted to their commercial needs, the conditions of access to the market and to the provision of transport by road, rail and inland waterway services and, where appropriate, air transport, may be subject to specific agreements that will be negotiated between the parties after the entry into force of this agreement.
CHAPTER IV. -General provisions ARTICLE 34 1.
The provisions of this title apply subject to limitations justified on grounds of public policy, public security or public health.
2. they do not apply to activities which in the territory of one or the other party, are related, even occasionally, with the exercise of public power.
ARTICLE 35-the purpose of this title, nothing in this Agreement shall preclude the implementation by the parties of their laws and regulations

regarding entry and stay, employment, working conditions, establishment of natural persons and the provision of services, provided that are not reduced to nil or compromise the benefits one of the parts of a specific provision of this agreement. This provision shall be without prejudice to the application of section 34.
ARTICLE 36 companies controlled or owned jointly by Armenian companies and community companies, also benefit from the provisions of chapters II, III and IV.
ARTICLE 37 the treatment given, since the day preceding one month the date of entry into force of the relevant obligations of the general agreement on trade in services (GATS), by one of the parties to the other party under this agreement is certainly not more favourable, in respect of sectors or measures covered by the GATS , as that granted by this part in accordance with the provisions of GATS and this, regardless of the sector, sub-sector or mode of service delivery.
ARTICLE 38 for the purposes of chapters II, III and IV, it is not taken into account of the treatment accorded by the community, its Member States or the Republic of Armenia pursuant to commitments entered into in economic integration agreements in accordance with the principles of article V of GATS.
ARTICLE 39 1.
The most-favoured-nation treatment granted in accordance with the provisions of this title 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 title shall be construed to prevent the adoption or enforcement by the parties of a measure aimed at preventing tax evasion pursuant to the tax provisions of agreements to avoid double taxation and other tax arrangements, or domestic tax law.
3. nothing in this title shall be construed to prevent Member States or the Republic of Armenia of distinguishing, in the application of the relevant provisions of their fiscal legislation, between taxpayers who are not in identical situations, in particular as regards their place of residence.
ARTICLE 40 without prejudice to article 28, no provision of chapters II, III and IV is interpreted as giving the right to:-nationals of Member States or of the Republic of Armenia to enter, or stay in the territory of the Republic of Armenia or the community respectively in any capacity whatsoever, and particular as shareholders or partners of a company or managers or employees of this company or service providers or recipients of services;
-branches or community subsidiaries of Armenian companies to employ or to use on the territory of the community of Armenian nationals;
-branches or Armenian subsidiaries of Community companies to employ, or to use the territory of the Republic of Armenia of nationals of the Member States;
-Armenian companies or branches or subsidiaries community Armenian to provide Armenian nationals responsible to act on behalf and under the control of other persons by temporary employment contracts;
-Community companies or subsidiaries or Armenian branches of Community companies to supply workers who are nationals of the Member States under temporary employment contracts.
Chapter V. - Current payments and capital ARTICLE 41 1. The parties undertake to authorize, in a currency freely convertible, all current payments between residents of the community and the Republic of Armenia which are related to the movement of goods, services or persons made pursuant to this agreement.
2. in regard to transactions covered by the balance of capital operations, the parties provide from the entry into force of this agreement, the free movement of capital relating to direct investments made in companies formed in accordance with the legislation of the host country and investments made in accordance with the provisions of chapter II, and the liquidation or repatriation of the product of these investments and of any benefit therefrom.
3. without prejudice to paragraph 2 or to paragraph 5, the parties shall refrain from the entry into force of this agreement, to introduce new restrictions of change affecting the movement of capital and current payments against these movements between residents of the community and the Republic of Armenia and to make the existing arrangements more restrictive.
4. the parties shall consult to facilitate the circulation of types of capital other than those referred to in paragraph 2 above between the community and the Republic of Armenia to promote the objectives of this agreement.
5. on the basis of the provisions of this article, until full convertibility of the currency of the Republic of Armenia within the meaning of article VIII of the Statute of the international monetary Fund (IMF) has not been established, the Republic of Armenia may, in exceptional circumstances apply Exchange restrictions related to the granting or obtaining financial credits to short and medium term to the extent that these restrictions imposed for the granting of such credits and are permitted according to his status within the IMF. The Republic of Armenia apply these restrictions in a non-discriminatory manner. These restrictions must disrupt the less possible the functioning of this agreement. The Republic of Armenia shall promptly inform the cooperation Council of the adoption of such measures and of any changes it might make.
6. without prejudice to paragraphs 1 and 2, where, in circumstances exceptional, the free movement of capital between the community and the Republic of Armenia caused, or may cause, serious difficulties for the operation of the policy change or the monetary policy of the community or of the Republic of Armenia, the community and the Republic of Armenia, respectively may take safeguard measures with regard to movements of capital between the community and the Republic of Armenia for a period not exceeding six months if such measures are strictly necessary.
CHAPTER VI. -Protection of intellectual, industrial property and commercial ARTICLE 42 1. In accordance with the provisions of this article and of annex II, the Republic of Armenia continues to improve the protection of intellectual, industrial and commercial property rights in order to ensure, by the end of the fifth year following the entry into force of this agreement a level of protection similar to that existing in the community, including the means provided to ensure respect for these rights.
2. at the end of the fifth year following the entry into force of this agreement, the Republic of Armenia adheres to the multilateral conventions on intellectual, industrial and commercial property referred to in annex II paragraph 1 to which Member States are parties or which are applied de facto by the Member States in accordance with the relevant provisions of these conventions.
Title V. - Cooperation in legislative matters ARTICLE 43 1. The parties recognise that an important condition for strengthening the economic links between the Republic of Armenia and the community is the approximation of the existing and future legislation of the Republic of Armenia with the community. The Republic of Armenia makes every effort to ensure that its legislation is gradually made compatible with Community legislation.
2. the approximation of laws extends in particular to the following areas: company law, customs law, banking law, accounting and corporate taxation, intellectual property, protection of workers at the place of work, financial services, rules of competition, public procurement, protection of health and life of people, animals and plants, environment, consumer protection, indirect taxation , rules and technical standards, laws and regulations in nuclear matters, transportation.
3. the community the Republic of Armenia provides technical assistance for the implementation of these measures, which may include: - the exchange of experts, - the provision of fast information, including relevant legislation, - the Organization of seminars, - training activities, - a help for the translation of Community legislation in the sectors concerned.
4. the parties agree to examine ways to apply their respective competition laws in a manner concerted where trade between them is affected.
Title VI. -Economic cooperation ARTICLE 44 1.
The community and the Republic of Armenia shall establish economic cooperation aimed at contributing to the process of reform and economic recovery and sustainable development of the Republic of Armenia.
This cooperation strengthens existing economic ties in the interest of both parties.
2. policies and other measures to promote economic and social reforms and restructuring of the economic and trade systems in the Republic of Armenia and are inspired by the principles of

sustainability and harmonious social development; They also fully incorporate environmental considerations.
3. at this end, cooperation focuses on economic and social development, human resources development, support for enterprises (promotion and protection of investments, privatization, small and medium enterprises including), mining and raw materials; science and technology, agriculture and the food sector, energy, transport, tourism, telecommunications, services financial, the fight against the laundering of money, trade, customs, statistical cooperation, information and communication, the protection of the environment and regional cooperation.
4. Special attention is given to measures to promote cooperation between the independent States of Transcaucasia and other neighbouring States, to stimulate a harmonious development of the region.
5. where appropriate, economic cooperation and other forms of cooperation provided for in this agreement may be supported by technical assistance from the community, taking into account the Community regulation with the Board for technical assistance to the independent States, the priorities agreed upon in the indicative programme for technical assistance to the Republic of Armenia and Community coordination and implementation which are laid down procedures.
ARTICLE 45 Cooperation in the field of trade of goods and services the parties shall cooperate to ensure the compliance of the international trade of the Republic of Armenia with the WTO rules.
This cooperation focuses on specific areas having a direct connection with the facilitation of trade:-formulation of a policy affecting trade and issues related to trade, including payments and compensation mechanisms, - preparation of the relevant legislation -, assistance continues to prepare the Republic of Armenia for a future accession to the WTO.
ARTICLE 46 Industrial Cooperation 1. Cooperation aims in particular at promoting: - the development of business links between economic operators of both parties, - the participation of the community in the efforts of the Republic of Armenia to restructure its industry and attract investment followed to its industry, - the improvement of the management -, the establishment of rules and practices appropriate commercial,-the protection of the environment.
2. the provisions of this article are without prejudice to the application of the Community competition rules to undertakings.
ARTICLE 47 Promotion and protection of investments 1. In the respect of the respective powers and competences of the community and its Member States, the cooperation aims to create an enabling environment for investment, both domestic and foreign, especially through better conditions for investment protection, the transfer of capital and exchange of information on investment opportunities.
2. the objectives of cooperation include: - the conclusion, where appropriate, between the Member States and the Republic of Armenia, of agreements for the promotion and protection of investments, - the conclusion, where appropriate, between the Member States and the Republic of Armenia, of agreements to avoid double taxation, - the creation of favourable conditions for attracting foreign investment in the Armenian economy - the establishment of laws and trade conditions stable and adequate, and the exchange of information on laws, regulations and administrative practices in the field of investments, - exchange of information on the investment opportunities in the framework, among other things, trade fairs, exhibitions, trade weeks and other events.
ARTICLE 48 procurement the parties shall cooperate to promote open competition in procurement the procurement of goods and services, including through competitive bidding.
ARTICLE 49 Cooperation in the field of standards and the assessment of conformity 1. Cooperation between the parties aims to encourage alignment with the criteria, principles and international guidelines followed in quality, to facilitate mutual recognition in the field of conformity assessment, as well as to improve the quality of the Armenian products.
2. at this end, the parties shall endeavour to cooperate in technical assistance projects to: - promote appropriate cooperation with organisations and institutions specialised in these fields, - promote the use of the technical rules of the community and the application of standards and the European conformity assessment procedures, - promote the sharing of experience and technical information of quality management.
ARTICLE 50 mining and raw material 1.
The parties aim at increasing investment and trade in mining and raw materials sector.
2. cooperation focuses in particular on the following areas: - the exchange of information on developments in the mining sector and the sector of ferrous metals, - the establishment of a legal framework for cooperation -, trade issues, – the adoption and implementation of legislative measures in the field of the protection of the environment – training, – the safety in the mining industry.
ARTICLE 51 Cooperation in the field of science and technology 1. The parties shall promote, in their mutual interest, cooperation in the field of civil scientific research and technological development, and taking into account available resources, adequate access to their respective programmes, subject to an effective and sufficient protection of intellectual, industrial and commercial property rights.
2. the science and technology cooperation covers in particular:-the exchange of scientific and technological information, - joint research and development activities - training activities and programs of mobility for scientists, researchers and technicians of both parties working in the field of research and technological development.
Where this cooperation takes place in the context of activities related to education and/or training, it must comply with the provisions of article 52.
On the basis of a mutual agreement, the parties may engage in other forms of cooperation in science and technology.
Under these cooperation activities, special attention is given to the redeployment of scientists, engineers, researchers and technicians who participate or have participated in research and/or the production of weapons of mass destruction.
3. cooperation at the title of this article is implemented according to specific arrangements be negotiated and concluded in accordance with the procedures adopted by each party, which shall establish, inter alia, provisions appropriate intellectual, industrial and commercial.
SECTION 52 Education and training 1.
The parties shall cooperate with a view to raising the level of general education and professional qualifications in the Republic of Armenia, in the public and private sectors.
2. cooperation focuses in particular on the following areas:-the increase in systems of higher education and training in the Republic of Armenia, including the system of certification of higher education and graduates of higher education institutions, - the training of managers and officials of the public and private sectors in priority to determine areas -, cooperation between the educational institutions and between educational institutions and businesses , - mobility for teachers, graduates, administrators, young scientists and researchers, as well as young people, - the promotion of appropriate institutions European studies, - the teaching of Community languages, - the post-graduate training of conference interpreters -, the training of journalists, - the training of trainers.
3. the possible participation of a party to the various programmes of education and training of the other party may be considered in accordance with their respective procedures and, where appropriate, institutional frameworks and cooperation programmes are then established as a follow-up to the participation of the Republic of Armenia to the community TEMPUS programme.
ARTICLE 53 Agriculture and agribusiness in this area, cooperation aims to promote agrarian reform, the modernisation, privatisation and the restructuring of agriculture, the agro-industrial sector and the services sector in the Republic of Armenia to develop domestic and international markets for Armenian products, in conditions which ensure the protection of the environment, taking into account the need to improve the safety of the food supply the development of agro-industrial complex, processing and distribution of agricultural products. The parties also aim to gradually approach the Armenian standards to Community technical regulations concerning industrial and agricultural food products including sanitary and phytosanitary standards.
ARTICLE 54 energy 1. The cooperation is part of the principles of economy of

market and the European Energy Charter and in light of the Treaty on the Charter on energy and the Protocol on energy efficiency and related environmental aspects and develops in the prospect of a gradual integration of the markets of energy in Europe.
2. the cooperation shall include the following points: - the formulation and the development of an energy policy, - the improvement of management and regulation of the sector of energy under a market economy -, the improvement of the energy supply, including security of supply, in a way economically and ecologically sound, - the promotion of economies of energy and energy efficiency and the implementation of the Protocol of the energy on the effectiveness of the Energy Charter and related environmental aspects, - modernization of energy infrastructure, - the improvement of technologies of supply and end-use regardless of the type of energy, - management and technical training in the energy sector, transport and transit of energy and energy materials, - the achievement of a set of conditions institutional, legal, fiscal and other measures to encourage trade and investment in energy - the development of waterpower resources and other renewable energy sources.
3. the parties shall exchange relevant information on investment projects in the sector of energy, particularly as regards the construction and restoration of pipelines and gas pipelines or other means of transporting energy products. They shall cooperate with a view to implementing it as effective as possible to the provisions of title IV and article 47 in relation to investments in the energy sector.
ARTICLE 55 environment 1. In the spirit of the European Charter of energy and the declaration of the 1993 Lucerne conference, and taking into account the Charter Treaty energy, and especially article 19 thereof, and the Charter's Protocol on energy on energy efficiency and related environmental aspects, the parties develop and strengthen their cooperation in the field of the environment and human health.
2. cooperation is aimed at combating the deterioration of the environment, and covers inter alia:-effective pollution monitoring and environmental assessment; a system of information on the State of the environment, - combating local, regional and transboundary pollution of air and water, - the rehabilitation of the environment -, production and consumption sustainable, efficient and ecological energy -, the safety of industrial installations, - the classification and the safe handling of chemical substances - the quality of the water, - the reduction, recycling and the proper disposal of waste , the implementation of the Basel convention, - the impact of agriculture on the environment; the soil erosion; chemical pollution, - the protection of forests -, the preservation of biodiversity and protected areas as well as the sustainable use and the management of biological resources, - the development of the territory, including construction and urban planning -, the use of economic and fiscal instruments, - the evolution of global climate, - education and environmental awareness - technical assistance for the rehabilitation of areas affected by radioactivity and the resulting health problems - the implementation of the Espoo convention on the evaluation of the EIA in a transboundary context.
3. the cooperation shall include the following areas: - planning for disasters and other emergencies, - exchange of information and experts, including on the transfer of clean technologies and use safe and environmentally sound biotechnology, - joint research activities, - adaptation of the laws on the basis of community standards, - training environment and strengthening institutions, - cooperation at the regional level , including within the framework of the European environment and international agency, - development of strategies, particularly with regard to global and climatic issues and the achievement of sustainable development, - environmental impact studies.
ARTICLE 56 transport the parties develop and strengthen their cooperation in the field of transport.
This cooperation aims, inter alia, to restructure and modernize systems and transport networks in the Republic of Armenia and develop and ensure, where appropriate, compatibility of transportation systems in a context of globalization. The functioning of all traditional communication links between the independent States of Transcaucasia and other neighbouring States will be paying particular attention.
Including door cooperation: - the modernisation of management and operations of road transport, the railways, ports and airports, - modernization and development of road, rail, port and airport infrastructures and waterways, including the modernisation of major routes of common interest and links TRANS for the above modes, particularly those concerning the TRACECA project , - the promotion and the development of multimodal transport, - the promotion of joint programmes of research and development -, the preparation of the legal and institutional development framework and implementing a transport policy including privatization of the transport sector.
ARTICLE 57 Postal Services and telecommunications in the context of their powers and their respective competences, the parties extend and strengthen cooperation in the following areas: - the establishment of policies and guidelines for the development of the telecommunications and postal sector, - the formulation of the principles of tariff policy and marketing of telecommunications and postal services -execution of transfers of technology and know-how, particularly in what concerns technical European standards and certification systems, - the encouragement of the development of projects in telecommunications and postal services, and the attraction of investment -, improving the effectiveness and the quality of telecommunications and postal services, inter alia by the liberalisation of sub-sectors activities - Advanced application of telecommunications, particularly in the field of the electronic funds transfer, - the management of telecommunications networks and their optimization -, the definition of appropriate for the provision of telecommunications services and postal regulatory basis and for the use of the range of radio frequencies, - training in the field of telecommunications and postal services to a farm in market conditions.
ARTICLE 58 Financial Services cooperation in particular aims to facilitate the integration of the Republic of Armenia in regulations universally accepted systems. Technical assistance focuses on:-the development of banking and financial services, the development of a common market of financing resources, the integration of the Republic of Armenia in a system of universally accepted regulations, - the development in the Republic of Armenia of a system of fiscal institutions, exchange of experience and personnel training - the development of insurance services, which would inter alia create a favourable framework for the participation of Community companies in the establishment of joint ventures in the area of insurance in the Republic of Armenia, as well as the development of export credit insurance.
This cooperation helps in particular to promote the development of relations between the Republic of Armenia and the Member States of the community in the financial services sector.
ARTICLE 59 regional development 1. The parties shall strengthen their cooperation in the field regional development and spatial planning.
2. to this end, the parties shall encourage the exchange of information by national, regional and local authorities on regional policy and regional planning as well as on methods of formulation of regional policies on the development of disadvantaged regions.
They also encourage direct contacts between the regional organizations and public respective officials of the planning of regional development with the aim, inter alia, to exchange methods and ways to encourage regional development.
ARTICLE 60 Cooperation in the social field 1. In the field of health and safety, the parties develop their cooperation to improve the level of protection of the health and safety of workers.
Including door cooperation: - education and training in health and safety, with special attention to high risk sectors, - development and promotion of preventive measures to combat disease and other occupational diseases, - prevention of major accident hazards and the management of toxic chemicals, - research with a view to

expand the base of knowledge relating to the work environment as well as to the health and safety of workers.
2. in the field of employment, the cooperation shall include technical assistance related to: - the optimization of the labour market, - the modernization of placement and guidance services, - planning and implementation of restructuring programmes, - the promotion of the local development of employment, - exchange of information on programmes relating to flexible employment, including those stimulating self-employment and promoting entrepreneurship.
3. the parties grant special attention to cooperation in the field of social protection, including cooperation in planning and implementing social protection reforms in the Republic of Armenia.
These reforms aim to develop in the Republic of Armenia of methods of protection in market economies and includes all forms of social protection.
ARTICLE 61 tourism stakeholders strengthen and develop their cooperation notably in: - encouraging tourist exchanges, - increasing the flow of information, - transferring know-how, - examining the possibilities to organize joint actions, - ensuring cooperation between official tourism bodies, - providing training for the development of tourism.
ARTICLE 62 small and medium-sized enterprises 1. The parties aim to develop and strengthen small and medium-sized enterprises and their associations as well as the cooperation between small and medium-sized enterprises of the community and the Republic of Armenia.
2. cooperation provides technical assistance, including in the following areas: - creation of a legislative framework for small and medium-sized enterprises, - development of an appropriate infrastructure (an agency to support SMEs, communications, assistance to the establishment of a Fund for SMEs), - creation of technology parks, ARTICLE 63 Information and communication the parties support the development of modern methods of information management including the media, and promote an effective exchange of information. Priority is given to programmes to provide the general public with basic information about the community and the Republic of Armenia, including, to the extent possible, access to databases, taking into account intellectual property rights.
ARTICLE 64 the parties Consumer Protection between them establish close cooperation aimed at achieving compatibility between their systems of consumer protection. This cooperation includes the exchange of information regarding legislative activities and institutional reform, the establishment of permanent systems of mutual information on dangerous products, the improvement of information provided to consumers especially on prices, characteristics of products and services offered, the development of exchanges between the consumer interest representatives and improving compatibility of consumer protection policies and the Organization of seminars and training courses.
ARTICLE 65 customs 1. The cooperation aims to ensure respect for all the provisions to stop trade and fair trade and to bring the customs regime of the Republic of Armenia of the community.
2. the cooperation shall include the following points: - Exchange of information, - improvement of working methods, - introduction of the combined nomenclature and the single administrative document - interconnection between the community and the Republic of Armenia transit systems, - simplification of controls and formalities in what concerns the transport of goods, - support for the introduction of modern customs information systems - organisation of seminars and training courses.
Technical assistance is provided in case of need.
3. without prejudice to other forms of cooperation provided for in this agreement, particularly in articles 69 and 71, mutual assistance in customs matters between administrative authorities of the parties is governed by the provisions of the protocol attached to this agreement.
ARTICLE 66 Cooperation in statistical cooperation in this field aims to implement an efficient statistical system to provide the reliable statistics needed to support and monitor the process of economic reform and contribute to the development of private enterprise in the Republic of Armenia.
The parties shall cooperate, in particular, in the following areas: - adaptation of the Armenian statistical system to the methods, standards and classifications, - exchange of statistical information, - provision of information statistics macro - and microeconomic necessary for the implementation and management of economic reforms.
The community provides technical assistance to the Republic of Armenia for this purpose.
ARTICLE 67 Economic Science the parties shall facilitate the process of economic reform and the coordination of economic policies through a cooperation aimed at improving the understanding of the fundamental mechanisms of their respective economies and the design and implementation of economic policy in market economies. To this end, the parties shall exchange information on results and macroeconomic prospects.
The Community shall provide technical assistance for: - assist the Republic of Armenia in the process of economic reform by providing expert advice and technical assistance, - encourage cooperation among economists in order to expedite the transfer of know-how to the formulation of economic policies and ensure wide dissemination of the results of research is relative.
Title VII. -Cooperation in the fields of democracy and of ARTICLE 68 human rights the parties shall cooperate on all questions relating to the establishment or strengthening of democratic institutions, including those required for strengthening the rule of law and the protection of the rights of man and fundamental freedoms in accordance with the principles of international law and OSCE.
This cooperation includes technical assistance programmes to provide assistance, inter alia, to the drafting of laws and regulations, the implementation of this legislation, the functioning of judicial institutions, the role of the State in the issues of justice and the functioning of the electoral system. Trainings are planned according to the needs. The parties shall encourage contacts and exchanges between their national, regional and judicial authorities, their parliamentarians and non-governmental organizations.
Title VIII. -Cooperation in the field of the prevention of illegal activities and prevention and control of illegal immigration ARTICLE 69 the parties shall establish cooperation aimed at preventing illegal activities such as:-illegal activities in the economic field, including corruption;
-illegal transactions in various goods, including industrial waste;
-counterfeiting.
Cooperation in the above fields is based on mutual consultations and close interactions. It includes the provision of technical and administrative assistance for:-the development of national legislation in the field of the prevention of illegal activities.
-the creation of information centres;
-the strengthening of the effectiveness of institutions active in the field of the prevention of illegal activities;
-the training of personnel and the development of research infrastructures;
-the development of mutually acceptable measures to combat illegal activities.
ARTICLE 70 money laundering 1. The parties agree to the need to work and cooperate in order to prevent the use of their financial systems for laundering from criminal activities in general and illicit trafficking in drugs in particular.
2. cooperation in this area shall include administrative and technical assistance to adopt appropriate standards for combating the laundering of money, comparable to those adopted on the subject by the community and international bodies active in this area, and in particular the financial action task (force FATF).
ARTICLE 71 fight against drugs within their powers and their respective competences, the parties shall cooperate with a view to increase the effectiveness and efficiency of policies and measures to combat the prod production, supply and illicit trafficking of narcotic drugs and psychotropic substances, including the prevention of diversion of precursor chemicals, and to promote the prevention and reduction of drug demand. Cooperation in this area is based on mutual consultation and close coordination between the parties in what concerns the objectives and measures relating to different areas of the fight against drugs.
ARTICLE 72 illegal Immigration 1. The Member States and the Republic of Armenia agree to cooperate to prevent and control illegal immigration. To this end:-the Republic of Armenia agrees to readmit all its nationals illegally present on the territory of a Member State, at the request of the latter and without further formalities;
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and each Member State agrees to readmit any of its nationals, as they are defined for the community, illegally present on the territory of the Republic of Armenia, at the request of the latter and without further formalities.
The Member States and the Republic of Armenia also provide their nationals identification documents required for this purpose.
2. the Republic of Armenia to conclude bilateral agreements with the Member States who so wish, regulating the specific obligations for the readmission, including an obligation of readmission of nationals of other countries and stateless persons arrived in the territory of such a member from the Republic of Armenia State or arrived on the territory of the Republic of Armenia from such a Member State.
3. the cooperation Council examines the joint efforts that can be made to prevent and control illegal immigration.
Title IX. -Cultural cooperation ARTICLE 73 the parties undertake to promote, encourage and facilitate cultural cooperation. Where appropriate, cultural cooperation programmes existing in the community or those of one or more of its Member States may be the subject of cooperation and other activities of mutual interest can be undertaken.
Title x. - Financial Cooperation for technical assistance ARTICLE 74 in view of the achievement of the objectives of this agreement and in accordance with articles 75, 76 and 77, the Republic of Armenia enjoys temporary financial assistance granted by the community through technical assistance in the form of endowments. This assistance is designed to accelerate the process of economic reform of the Republic of Azerbaijan.
ARTICLE 75 financial assistance is covered by the measures provided for in the context of the Tacis programme and the Community Council regulation y matter.
ARTICLE 76 the objectives and the areas of the community's financial assistance will be defined in an indicative programme reflecting the priorities agreed between the parties, taking into account the needs of the Republic of Armenia, its sectoral absorption and evolution capabilities reforms. The parties shall inform the cooperation Council.
ARTICLE 77 in order to allow an optimal use of available resources, the parties shall ensure that there is close coordination between the community support and contributions from other stakeholders, such as Member States, other countries, and international organizations, such as the International Bank for reconstruction and development and the Bank for reconstruction and development European.
Title XI. -Institutional, General and final provisions ARTICLE 78 there is hereby established a cooperation Council to oversee the implementation of this agreement. The cooperation Council meets at ministerial level once a year. It examines any important issue arising under this agreement and any other bilateral or international common interest issues to achieve the objectives of this agreement. The cooperation Council may also formulate, by mutual agreement between the two parties, appropriate recommendations.
SECTION 79 (1).
The cooperation Council is composed, on the one hand, of members of the Council of the European Union and members of the Commission of the European communities and, on the other hand, of members of the Government of the Republic of Armenia.
2. the cooperation Council shall adopt its rules of procedure.
3. the Presidency of the cooperation Council is exercised in turn by a representative of the community and a member of the Government of the Republic of Armenia.
SECTION 80 (1). Cooperation Council is assisted, in the performance of its duties by a Committee of cooperation consists, on the one hand, of representatives of the members of the Council of the European Union and members of the Commission of the European communities and, on the other hand, representatives of the Government of the Republic of Armenia, normally at the level of senior officials. The Presidency of the cooperation Committee is exercised alternately by the community and the Republic of Armenia.
Cooperation Council shall determine, in its rules of procedure, the mission of the cooperation Committee, which includes preparing the meetings of the cooperation Council, and the method of operation of this Committee.
2. the cooperation Council may delegate all or part of its powers to the cooperation Committee, which will ensure continuity between meetings of the cooperation Council.
ARTICLE 81 the cooperation Council may decide to set up any other Committee or body to assist it in the performance of its tasks and determines the composition, the mission and operation.
ARTICLE 82 during the consideration of a matter arising under this agreement against a provision that refers to an article of the GATT / WTO, the cooperation Council takes into account, wherever possible, usually given interpretation of the article of the GATT / WTO in question by the members of the WTO.
ARTICLE 83 shall be established a parliamentary cooperation Committee. This Committee is the forum where members of the National Assembly of the Republic of Armenia and those of the European Parliament to meet and exchange their views. It shall meet at intervals which it shall determine.
SECTION 84 (1). The parliamentary cooperation Committee is composed, on the one hand, of members of the European Parliament and, on the other hand, members of the National Assembly of the Republic of Armenia.
2. the parliamentary cooperation Committee shall adopt its rules of procedure.
3. the Chair of the parliamentary commission for cooperation is carried out in turn by the European Parliament and the National Assembly of the Republic of Armenia, according to the modalities in the rules of procedure.
ARTICLE 85 the parliamentary cooperation Committee may request the cooperation Council to provide any useful information relating to the implementation of this agreement; the cooperation Council shall provide the requested information.
The parliamentary cooperation Committee is informed of the recommendations of the cooperation Council.
The parliamentary cooperation Committee may make recommendations to the cooperation Council.
ARTICLE 86(1). Under this agreement, each party undertakes to ensure the access of individuals and legal entities of the other party, without any discrimination compared to its own nationals, to the courts and administrative authorities of the parties in order to assert their rights individual and real, including those concerning intellectual, industrial and commercial property.
2. within the limits of their powers and their respective powers, the parties:-shall encourage recourse to the arbitration to resolve disputes arising from commercial transactions and cooperation concluded by operators of the community and those of the Republic of Armenia;
-agree that where a dispute is submitted to arbitration, each party to the dispute may, except in the case where the rules of the centre of arbitration chosen by the parties decide otherwise, choose its own arbitrator, irrespective of his nationality, and that the third arbitrator or the sole arbitrator may be a citizen of a third State;
-recommend their economic operators to choose by mutual agreement the law applicable to their contracts;
-shall encourage recourse to the arbitration rules elaborated by the United Nations Commission on international trade law (UNCITRAL) and to arbitration by any centre of a State signatory to the Convention on the recognition and enforcement of foreign arbitral awards, signed at New York on 10 June 1958.
ARTICLE 87 no provision of this agreement prevents a party from taking measures: a) which it considers necessary to prevent the disclosure of information contrary to the essential interests of its security;
b) which relate to the production or trade in arms, munitions or war material research, development or production indispensable for its defence, provided that these measures do not adversely affect the conditions of competition for products not intended for specifically military;
(c) it considers essential to its security in the event of serious domestic disturbances liable to infringe public peace, in the event of war or serious international tension constituting a threat of war, or to carry out obligations it has accepted for the maintenance of peace and international security;
(d) that it considers necessary to respect its obligations and its international commitments on the control of goods and dual-use industrial technologies.
ARTICLE 88 1. In the fields covered by this agreement and without prejudice to any special provisions contained therein:-the arrangements applied by the Republic of Armenia to the community may not give rise to any discrimination between the Member States, their nationals or their companies.
-the arrangements applied by the community in the Republic of Armenia cannot give rise to any discrimination between the nationals of the Republic of Armenia or its companies.
2. the provisions of paragraph 1 are without prejudice to the right of the parties to apply the relevant provisions of their tax law

to taxpayers who are not in the same situation as their place of residence.
SECTION 89 (1). Each party may apply to the cooperation Council any dispute relating to the application or interpretation of this agreement.
2. the cooperation Council may settle disputes by way of recommendation.
3. where it is not possible to settle the dispute in accordance with paragraph 2, each party may notify the appointment of a conciliator to the other party, which shall then appoint a second arbitrator within a period of two months. For the purposes of the application of this procedure, the community and the Member States are considered a single party to the dispute.
The cooperation Council shall designate a third conciliator.
The recommendations of the conciliators are taken by the majority. These recommendations are not binding on the parties.
4. the cooperation Council may establish rules of procedure for the settlement of disputes.
ARTICLE 90 the parties agree to consult promptly through the appropriate channels at the request of one of them to examine any question relating to the interpretation or implementation of this agreement and other relevant aspects of their mutual relations.
The provisions of this article do not affect any way those of sections 14, 89 and 95 and agree without prejudice.
ARTICLE 91 the regime granted to the Republic of Armenia under this agreement is certainly not more favourable than those that the Member States apply among themselves.
SECTION 92 for the purposes of this agreement, "parties" means, on the one hand, the Republic of Armenia, and on the other hand, community, or the Member States, or the community and the Member States, in accordance with their respective powers.
ARTICLE 93 in so far as matters covered by this agreement are covered by the Treaty of the Charter European energy and its protocols, this Treaty and these protocols shall apply as from the entry into force, to these questions, but only to the extent where such an application is planned.
ARTICLE 94 this agreement is concluded for an initial period of ten years. It is automatically renewed from year to year provided that neither of the two parties denounces by a written notification addressed to the other party six months before its expiry.
ARTICLE 95 1. The parties shall take any general or particular necessary to fulfil their obligations under this agreement. They shall ensure that the objectives set out in this agreement are met.
2. If either party considers that the other has not fulfilled one of the obligations of this agreement, it may take appropriate measures. Previously, except in cases of special urgency, it shall provide the cooperation Council all elements of relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the parties.
During the selection of these measures, priority must be given to those which disturb least the functioning of this agreement. These measures shall be notified immediately to the cooperation Council at the request of the other party.
ARTICLE 96 annexes I, II, III and IV as well as the Protocol are an integral part of this agreement.
ARTICLE 97 this Agreement shall not affect, until equivalent rights have been granted to individuals and economic operators under this agreement, the rights guaranteed to them by existing agreements binding one or more Member States, on the one hand, and the Republic of Armenia, on the other hand, except in areas falling within the competence of the community and without prejudice to the obligations of Member States resulting from this agreement in areas falling within of the jurisdiction of the latter.
ARTICLE 98 this Agreement shall apply, on the one hand, to the territories in which the treaties establishing the European Community, the European coal and Steel Community and the European Atomic Energy Community are applied and under the conditions laid down by such treaties and, on the other hand, to the territory of the Republic of Armenia.
ARTICLE 99 the Secretary-General of the Council of the European Union is the depositary of this agreement.
ARTICLE 100 the original of this agreement, which copies in languages German, English, Danish, Spanish, Finnish, French, Greek, Italian, Dutch, Portuguese, Swedish and Armenian are equally authentic, shall be deposited with the Secretary-General of the Council of the European Union.
ARTICLE 101 this agreement is approved by the parties according to procedures which are specific to them.
This agreement shall enter into force the first day of the second month following the date on which the parties notify to the Secretary-General of the Council of the European Union the completion of the procedures referred to in the first subparagraph.
Upon its entry into force, and to the extent where the relations between the Republic of Armenia and the community are concerned, this Agreement replaces the agreement between the European economic community, the Community European Atomic Energy, on the one hand, and the Union of Soviet Socialist Republics, on the other hand, concerning trade and commercial and economic cooperation signed in Brussels on 18 December 1989.
SECTION 102 if, pending the completion of the procedures necessary for the entry into force of this agreement, the provisions of certain parts of it are implemented by an interim agreement between the community and the Republic of Armenia, the parties agree that, in such circumstances, means "date of entry into force of this agreement" the date of entry into force of the interim agreement.
Done in Luxembourg, on 22 April, one thousand nine hundred and ninety-six.

LIST of DOCUMENTS JOINTS annex I advantages granted by the Republic of Armenia to the independent States in accordance with article 9 (3).
Annex II intellectual, industrial and commercial property Conventions referred to in article 42.
Annex III Financial Services referred to in article 26 paragraph 3.
Annex IV Reserves of the community in accordance with article 23 (2).
Protocol on mutual assistance between administrative authorities in customs matters.

Annex I advantages granted by the Republic of Armenia to the independent States in accordance with article 9 (3) all independent States: no import duty is applied.
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Annex II Conventions on intellectual, industrial and commercial property referred to in section 42 (1). Paragraph 2 of article 42 concerns the following multilateral conventions:-Berne convention for the protection of literary and artistic works (Paris Act, 1971);
– international convention on the protection of the performers, producers of Phonograms and broadcasting organizations (Rome, 1961);
-Protocol relating to the Madrid Agreement concerning the international registration of marks (Madrid, 1989);
-Nice Agreement concerning the international classification of products and services for the purposes of the registration of marks (Geneva, 1977), revised in 1979;
-Budapest Treaty on the international recognition of the deposit of microorganisms for the purposes of patent procedure (1977, modified in 1980);
– international convention for the protection of new varieties of plants (Geneva 1991 Act).
2. the cooperation Council may recommend that article 42, paragraph 2, applies also to other multilateral conventions. In the event of difficulties in the area of intellectual, industrial or commercial property, affecting trade, consultations are organized without delay, at the request of one of the two parties to find a mutually satisfactory solution.
3. the parties confirm the importance they attach to the obligations arising from the following multilateral conventions:-Paris convention for the protection of industrial property (Stockholm, 1967, and amended in 1979 Act);
-Madrid Agreement concerning the international registration of marks (Act of Stockholm, 1967, and amended in 1979);
-cooperation treaty (Washington 1970, amended and modified in 1979 and 1984) patent.
4. upon the entry into force of this agreement, the Republic of Armenia provides in terms of the recognition and protection of intellectual, industrial and commercial property, companies and citizens of the community treatment no less favourable than it treats one any third countries within the framework of a bilateral agreement.
5. the provisions of paragraph 4 shall not apply to advantages granted by the Republic of Armenia to a third country on an effective reciprocal basis or to advantages granted by the Republic of Armenia to another country of the former USSR.

Annex III the Financial Services referred to in article 26 paragraph 3 "financial services" means any service financial nature proposed by the claimants of the parts providing such services. It covers the following activities: A. all insurance services and related activities 1. Direct insurance (including co-insurance): (i) life (ii) non-life.
2. reinsurance and retrocession.
3. activities of the intermediaries of insurance such as brokers and agents.
4. services auxiliary to insurance, such as consulting services, actuarial, risk and claims assessment.
B. banking and other financial services (excluding insurance)

1. acceptance of deposits and other repayable funds from the public.
2 loans of all kinds, i.e. inter alia, consumer credit, mortgage credit, factoring and financing of commercial transactions.
3. financial leasing.
4. services payments and monetary transfers, such as credit cards or debit, travellers cheques and cheques.
5. guarantees and commitments.
6. interventions for own account and for the account of clients, either on the stock market, over-the-counter market or otherwise, namely: has) money market instruments (cheques, treaties, certificates of deposit, etc.);
(b) currency;
(c) derivatives, namely, inter alia, futures and options;
(d) exchange rates and interest rates, including products such as swaps, forward rate agreements, etc.;
(e) transferable securities;
(f) other instruments and tradable financial assets, including reservations metal.
7. participation in issues of securities of all kinds, including subscriptions, investments (private or public) acting as agent and provision of services related to such issues.
8. activities of foreign exchange broker.
9 heritage management, including cash or portfolio management, all forms of collective investment management, pension fund management, custody services, deposit or consignment.
10 regulation and services compensation of financial assets such as securities, derivatives and other negotiable instruments.
11 services advice and other auxiliary financial services related to the activities listed in points 1 to 10, including information and evaluations on issues of credit, investigations and information for investments and constitution of portfolios, advice relating to equity, restructuring and corporate strategies.
12 communication and transfer of financial information and financial data processing activities and provision of specialized software by providers of other financial services.
Are excluded from the definition of financial services the following activities: a) activities carried out by central banks or other public institutions in the context of policies applicable to the currency and the exchange rate;
(b) activities performed by central banks, organizations, administrations or institutions public on behalf or on the bail of the State, except in cases where those activities may be carried by these public authorities competing financial services providers;
(c) activities within a formal system of social security or old-age pension, except in the cases where these activities may be performed by public authorities or private institutions competing financial service providers.

Annex IV Reserves of the community in accordance with article 23, paragraph 2, mining in some Member States, the operation of mines and mineral resources by companies outside the control of the community may be subject to prior obtaining a concession.
Fishing access to biological resources and fishing grounds situated in the maritime waters falling within the sovereignty or jurisdiction of the Member States of the community as well as their exploitation are reserved for fishing vessels flying the flag of a Community Member State and registered in the territory of the community, unless otherwise provided.
Purchase of land the purchase of property by non-Community companies is regulated in some Member States.
Audiovisual services including radio national treatment with regard to production and distribution, including broadcasting and other forms of public, may be reserved to audiovisual works meeting certain origin criteria.
Telecommunications services, including mobile services and satellite Services.
In some Member States, access to the market infrastructure and complementary services is regulated.
Services of the liberal professions Services reserved to natural persons who are nationals of the Member States. These persons may, under certain conditions, create companies.
Agriculture national plan is not applicable in some Member States, beyond the control of the community, companies wishing to put farming on foot. The acquisition of vineyards by a company outside the control of the community is subject to a notification or, where applicable, to an authorisation procedure.
Services of news agencies in certain Member States, foreign participation in publishing companies or television or broadcasting companies is limited.

Protocol on mutual assistance between administrative authorities in customs matters ARTICLE 1 definitions for the purposes of this Protocol: a) "customs legislation": legal or regulatory provisions applicable in the territories of the parties governing the import, export, transit of goods and their placing under any customs procedure, including measures of prohibition, restriction and control;
(b) ' applicant authority': a competent administrative authority which has designated for this purpose by a party and which makes a request for assistance in customs matters;
(c) "requested authority": a competent administrative authority which has designated for this purpose by a party and which receives a request for assistance in customs matters;
(d) "personal data": any information relating to an identified or identifiable person.
ARTICLE 2 scope 1. The contracting parties shall assist each other, in the areas within their competence, in the manner and under the conditions laid down in this Protocol in preventing and detecting violations of customs legislation and in conducting investigations on their subject.
2. assistance in customs matters provided for in this Protocol shall apply to any administrative authority of the contracting parties for the purposes of this Protocol. It is without prejudice to the rules governing mutual assistance in criminal matters. Similarly, it does not apply to information obtained under powers exercised at the request of the judicial authorities, except with the agreement of those authorities.
ARTICLE 3 Assistance on request 1. At the request of the applicant authority, the requested authority shall communicate to it any information allowing it to ensure that customs legislation is correctly applied, including information regarding operations noted or projected that constitute or are likely to constitute an offence under this legislation.
2. at the request of the applicant authority, the requested authority shall inform it as to whether if goods exported from the territory of one of the parties were regularly introduced to the territory of the other party, specifying, where appropriate, the customs procedure under which those goods are placed.
3. at the request of the applicant authority, the requested authority takes, under its legislation, the measures necessary to ensure that supervision is exercised on: a) of natural or legal persons which there are reasonably suggest that they commit or have committed offences under the customs legislation;
b) sites of storage of goods of which there is reason to assume that they will be supplied as part of operations in breach of customs legislation;
(c) movements of goods reported as possibly giving rise to breaches of customs legislation;
d) means of transport which reasonably, there is reason to believe that they have been used or are likely to be used for operations constituting a breach of customs legislation.
ARTICLE 4 spontaneous Assistance the parties, in accordance with their laws and regulatory provisions and other legal instruments, shall assist each other without prior request if they consider that it is necessary for the correct application of customs legislation, particularly when they obtain information pertaining:-operations which constitute or appear to constitute a violation of such legislation and which may be of interest to another party - to the new means or methods used to perform these operations, - goods which have knows that they give rise to a breach of customs legislation, - to the natural or legal persons which there are reasonably suggest that they commit or have committed an offence under the customs legislation, - means of transport of which there are reasonable grounds to believe that they have been used are used or are to be used for operations constituting a breach of customs legislation.
ARTICLE 5 Communication, notification at the request of the applicant authority, the requested authority shall, in accordance with its legislation, all necessary measures to:-communicate all documents and - notify all decisions, falling within the scope of this Protocol, to a recipient residing or established in its territory.
In these cases, article 6 shall apply where the same application is concerned.
ARTICLE 6 form and content of requests for assistance 1. Requests made under this Protocol are presented in writing. They are accompanied by the necessary documents to allow

to meet the demands. When the urgency of the situation requires it, applications can verbally be accepted, but they must be confirmed immediately in writing.
2. requests pursuant to paragraph 1 shall be accompanied by the following information: a) the applicant authority making the request, b) the action required, c) the object and the reason for the request, d) the laws, rules and other legal elements involved, e) indications as exact and comprehensive as possible on the natural or legal persons who are the subject of investigations (, f) a summary of the relevant facts and already completed surveys, except in the case provided for in article 5.
3. the requests are drawn up in an official language of the requested authority or in a language acceptable to that authority.
4. If a request does not meet the formal requirements, it is possible to request that it be corrected or supplemented;
However, provisional measures may be ordered.
ARTICLE 7 processing of applications 1. To respond to a request for assistance, the requested authority shall, within its jurisdiction and its resources, as if it were acting on its own account or at the request of other authorities of the same party, in supplying the information already available to it and by doing or causing to carry out appropriate enquiries. This provision also applies to the Administrative Department to which the request is made by the requested authority when it cannot act alone.
2. Requests for assistance shall be met in accordance with the laws, rules and other legal instruments of the requested Party.
3. duly authorised officials of a party may, with the agreement of the other party in question and in the conditions laid down by the latter, collect, in the offices of the requested authority or other authority for which it is responsible, information relating to operations which are or are likely to constitute a breach of customs legislation which the applicant authority needs for the purposes of this Protocol.
4. officials of a party may, with the agreement of the other party, be present in surveys conducted on the territory of the latter.
ARTICLE 8 form in which the information shall be provided 1.
The requested authority shall communicate the results of the investigations to the requesting authority in the form of documents, certified copies of documents, reports and similar texts.
2. the documents referred to in paragraph 1 may be replaced by computerised information produced in some form for the same purpose.
ARTICLE 9 exceptions to the obligation to provide assistance 1. The parties may refuse to give assistance provided for in this Protocol if such assistance: a) is likely to prejudice the sovereignty of the Republic of Armenia or that of a Member State to which assistance has been requested under this Protocol or b) is likely to prejudice public order, security or other essential interests ((in particular in the cases referred to in article 10 paragraph 2 or c) involves tax or regulation other than the customs legislation or d Exchange) entails the violation of an industrial, commercial or professional secret.
2. If the applicant authority requests assistance that it could not itself provide if it were requested, it draws attention to that fact in its application. It is up to the authority to decide on the manner in which it must respond to this request.
3. If assistance is refused, the decision and the reasons that explain it must be notified to the applicant authority without delay.
ARTICLE 10 Exchange of information and obligation of confidentiality 1. Any information communicated in whatever form pursuant to this Protocol of a confidential nature or restricted, depending on the rules applicable in each party. He is covered by professional secrecy and enjoys the protection granted by the laws on the subject by the party that has received it, as well as by the relevant provisions applying to Community bodies.
2. personal data may be exchanged only if the party receiving them undertakes to protect such data in a manner at least equivalent to that applicable to that particular case in the party providing.
3. the information collected shall be used only for the purposes of this Protocol. When one of the parties wishes to use such information for other purposes, it seeks the written consent of the authority that provided it. They are also subject to the restrictions imposed by this authority.
4. paragraph 3 shall not preclude the use of the information in judicial or administrative proceedings subsequently instituted for non-compliance with customs legislation. The competent authority which provided the information is notified of such use.
5. the parties may make State, evidence, in their minutes, reports and testimonies and in proceedings and charges brought before the courts, the information collected and documents consulted in accordance with the provisions of this Protocol.
ARTICLE 11 Experts and witnesses 1. An official of a requested authority may be authorised to appear, within the limits set by the permission that was granted, as expert or witness in judicial or administrative proceedings undertaken in the areas covered by this Protocol, by the jurisdiction of the other party, and produce objects, documents or certified copies in accordance thereof that may be necessary for the procedure. The request for appearance must indicate precisely in what case, on what basis and in what capacity the agent will be questioned.
2. the authorized agent has the protection guaranteed by existing legislation to officials of the applicant authority on its territory.
ARTICLE 12 assistance expenses the parties renounce on part and to any claim for reimbursement of expenses arising from the application of this Protocol, except in relation to, where appropriate, allowances paid to experts and witnesses and to interpreters and translators who are not public service employees.
ARTICLE 13 implementation 1.
The application of this Protocol is entrusted to the Central Customs authorities of the Republic of Armenia, on the one hand to the competent services of the Commission of the European communities and, where appropriate, the Customs authorities of the Member States, on the other hand. They decide to all the measures and arrangements necessary for its application, taking into account the rules in force in the field of the protection of data. They may propose to the competent bodies amendments which should, according to them, be made to this Protocol.
2. the contracting parties shall consult and inform then mutually implementing rules which are adopted in accordance with the provisions of this Protocol.
ARTICLE 14 complementarity without prejudice to article 10, the agreements of mutual assistance which have been concluded between one or more Member States and the Republic of Armenia do not affect the Community provisions governing the communication between the competent services of the Commission of the communities European and the Customs authorities of the Member States, all information collected in customs matters likely to be of interest to the community.

Final act the Plenipotentiaries of the Kingdom of Belgium, of the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, of the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, of the GRAND-Duchy of LUXEMBOURG, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, the Kingdom of Great Britain and Northern Ireland Contracting parties to the Treaty establishing the European Community, the Treaty establishing the European Community of coal and steel and to the Treaty establishing the Community European Atomic Energy, hereinafter referred to as 'Member States', and of the European Community, the Community European of coal and of the steel and the Community European Atomic Energy, hereinafter referred to as 'Community', on the one hand, and the Plenipotentiaries of the Republic of Armenia on the other hand, meeting in Luxembourg, April twenty-two thousand nine hundred ninety-six for the signing of the partnership agreement and cooperation establishing a partnership between the European communities and their Member States, of one part, and the Republic of Armenia, on the other hand, hereinafter referred to as 'agreement', have adopted the following texts: the agreement including its annexes and the following protocol: the Protocol on mutual assistance between authorities in customs matters administrative.
The Plenipotentiaries of Member States and the community and the Plenipotentiaries of the Republic of Armenia have adopted the joint declarations mentioned below and attached to the present final act: agreed statement concerning article 4 of the agreement Joint Declaration concerning article 6 of the agreement Joint Declaration concerning article 15 of the agreement Joint Declaration concerning the notion of 'control' in article 25 (b)) and 36 Joint Declaration concerning article 35 Joint Declaration concerning article 42 of the agreement

Joint Declaration on article 95 of the agreement the Plenipotentiaries of the Member States and the community and the Plenipotentiaries of the Republic of Armenia also took note of the exchange of following letters annexed to this final act.
Exchange of letters between the community and the Republic of Armenia concerning the establishment of companies.
The Plenipotentiaries of the Member States and the community and the Plenipotentiaries of the Republic of Armenia also took note of the following declaration annexed to this final act: Declaration by the french government joint DECLARATION concerning ARTICLE 4 during the consideration of the circumstances in the Republic of Armenia, provided for in article 4, the parties shall examine the changes likely to have a significant impact on the future development of the Republic of Armenia. It could include a WTO accession of the Armenia, the Council of Europe or any other international body or membership in a regional customs union or to any other form agreed regional integration.
Joint DECLARATION concerning ARTICLE 6 If the parties agree that circumstances warrant meetings at the highest level, these can be arranged on an ad hoc basis.
Joint DECLARATION concerning ARTICLE 15 pending the accession of the Republic of Armenia to the WTO, the parties hold consultations in the cooperation Committee concerning their rights policies on importation, including changes in tariff protection. These consultations are specifically proposed prior to the increase of tariff protection.
Joint DECLARATION concerning the NOTION of 'Control' appearing in the blogs 25 item (b)) and 36 1. The parties confirm that it is understood that the issue of control depends on the factual circumstances of the particular case in question.
2. Thus, for example, a company is considered "controlled" by another company and as such subsidiary if:-the other company directly or indirectly holds the majority of voting rights, or if - the other company has the right to appoint or dismiss a majority of the members of the administrative organ, the management authority or the supervisory body and is at the same time shareholder or member of the subsidiary.
3. the two parties consider that the criteria set out in paragraph 2 are not exhaustive.
DECLARATION municipality concerning the ARTICLE 35 the sole fact of requiring a visa for natural persons of certain parties and not others is deemed not cancel or affect the benefits of a specific commitment.
DECLARATION municipality concerning the ARTICLE 42 the parties agree that, for the purposes of this agreement, the terms 'intellectual, industrial and commercial property' shall include, in particular, the protection of the rights of copyright and neighbouring rights, including the copyright of computer programs, the rights of patents, industrial designs, geographical indications, including appellations of origin, trademarks for products and services of topographies of integrated circuits as well as protection against unfair competition referred to in article 10 bis of the Paris convention for the protection of industrial property and protection of undisclosed information on know-how.
JOINT DECLARATION CONCERNING ARTICLE 95 1.
The parties agree, for the purposes of the correct interpretation and practical application of this agreement, that the words "particularly urgent cases" contained in article 95 of the agreement mean cases of material breach of the agreement by one of the parties. A material breach of the agreement consists of a) the rejection of the agreement not sanctioned by the General rules of international law or b) in violation of the essential elements of the agreement set out in article 2.
2. the parties agree that the "appropriate measures" referred to in article 95 are measures taken in accordance with international law. If a party takes a measure in a particularly urgent cases as provided for in article 95, the other party may appeal the procedure relating to settlement of disputes.

Exchange of letters between the community and the Republic of Armenia concerning the establishment of companies A. letter of the Government of the Republic of Armenia Mr, I have the honour to refer to the partnership and cooperation agreement initialled the 15.XII.1995.
As I underlined during the negotiations, the Republic of Armenia grants, in some ways, the Community companies which are established and operate in Republic of Armenia a system preferred. I explained that this measure reflects the desire of the Republic of Armenia to maximize the establishment of companies of the Republic of Armenia community.
In this regard, I would like to confirm that during the period extending agenda for the signature of the present agreement to the date of entry into force of the relevant articles relating to the establishment of companies, the Republic of Armenia will adopt measures or regulations which, compared to the situation existing on the date of initialling of this agreement, would be likely to create discrimination or aggravate existing discrimination against Community companies compared with Armenian companies or companies of a third country.
I should be grateful if you would acknowledge receipt of this letter.
Please accept, Sir, the assurance of my highest consideration.
The Government of the Republic of Armenia B. Letter from the European Community Mr, thank you for your letter of today worded as follows: "Sir, I have the honour to refer to the partnership and cooperation agreement initialled the 15.XII.1995.
As I underlined during the negotiations, the Republic of Armenia grants, in some ways, the Community companies which are established and operate in Republic of Armenia a system preferred.
I explained that this measure reflects the desire of the Republic of Armenia to maximize the establishment of companies of the Republic of Armenia community.
In this regard, I would like to confirm that during the period extending agenda for the signature of the present agreement to the date of entry into force of the relevant articles relating to the establishment of companies, the Republic of Armenia will adopt measures or regulations which, compared to the situation existing on the date of initialling of this agreement, would be likely to create discrimination or aggravate existing discrimination against Community companies compared with Armenian companies or companies of a third country.
I should be grateful if you would acknowledge receipt of this letter.
"I acknowledge receipt of the letter.
Please accept, Sir, the assurance of my highest consideration.
On behalf of the European Community DECLARATION of the French Government the France notes that the agreement of partnership and cooperation with the Republic of Armenia applies not to the countries and territories overseas associated with the European Community under the Treaty establishing the European.
Done in Luxembourg, on 22 April, one thousand nine hundred and ninety-six.

Letter outside the agreement of the European communities and their Member States to the Government of the Republic of Armenia as a result of the boating Armenian authorities to include in the partnership and cooperation agreement of provisions relating to assistance in the field of nuclear safety, the communities European and their Member States make the following declaration:-Les Communautés européennes et their Member States deplore the decision of the Armenian authorities to reopen the unit 2 of the Medzamor nuclear power in "November 1995, consider non compliant with the overall objective of the communities European and their Member States to enhance nuclear security worldwide, and particularly in Eastern and Central European countries and the former Soviet Union that have such an installation in which defects of important design have been" identified,-taking into account that the Medzamor nuclear power can not be set at the level corresponding to international standards in the field of security, the European communities and their Member States consider that it is not suitable for operation in the long term and that it must be turned off as soon as possible. As a result, it is extremely important to identify and use alternative energy sources. The community is ready to support Armenia in the definition and implementation of a comprehensive energy strategy in the long term, in accordance with article 54 of the agreement on partnership and cooperation, through its TACIS (in cooperation with international financial institutions),-without prejudice to the objective of judgment of the nuclear power plant and in light of the current situation the community might consider, at the request of the Armenia, the ability to support limited, compatible with the existing resource framework and priorities of the TACIS programme for short term as part of its security measures program Tacis technical aid.
These measures include inter alia:-assistance to the authorities responsible for safety - assistance for the safety of the exploration - and, if necessary to ensure the implementation of these

tasks, providing limited equipment.
Done in Luxembourg, on 22 April, one thousand nine hundred and ninety-six.

List of States related to the consultation of the table, see image this Treaty has not yet entered into force, the date of entry into force will be published later.

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