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9 JANVIER 1998. - Law on the Agreement on Partnership and Cooperation between the European Communities and their Member States, on the one hand, and the Republic of Armenia, on the other, 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 to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement on Partnership and Cooperation between the European Communities and their Member States, on the one hand, 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, will come out their full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels 9 January 1998.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Notes
(1) 1996-1997 sessions:
Senate
Documents. - Bill tabled on 22 May 1997, No. 1-635/1. Report, no. 1-635/2. Text adopted in Commission, No. 1-635/3.
Annales parliamentarians. - Discussion. Session of 16 July 1997. Vote. Meeting of 17 July 1997.
Room
Documents. - Project transmitted by the Senate, No. 1140/1. Report, no. 1140/2.
Sessions 1997-1998:
Annales parliamentarians. - Discussion. Meeting of 12 November 1997. Vote. Meeting of 13 November 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/ 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 of 5 February 1998 (Moniteur belge of 27 February 1998),
Agreement on Partnership and Cooperation between the European Communities and their Member States, on the one hand, and the Republic of Armenia, on the other
BELGIUM,
DANEMARK,
THE GERMANY FEDERAL REPUBLIC,
LA REPUBLIQUE HELLENIQUE,
SPANISH ROY,
THE FRANCAISE REPUBLIC,
IRILAND,
THE ITALIAN REPUBLIC,
LUXEMBOURG,
ROYAUME DES PAYS-BAS,
THE REPUBLIC OF AUTRICHE,
THE PORTUGAISE REPUBLIC,
THE REPUBLIC OF FINLAND,
The SUEDE ROYAUME,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTH IRELAND,
Contracting Parties to the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community,
hereafter referred to as "member states", and
THE EUROPEAN COMMUNITY, THE EUROPEAN COMMUNITY OF ATOMIC ENERGY AND THE EUROPEAN COMMUNITY OF CHARBON AND AIR,
hereafter referred to as "Community",
on the one hand, and
THE REPUBLIC OF ARMENIA,
on the other hand,
CONSIDERING the links between the Community, its Member States and the Republic of Armenia and the common values they share,
RECOGNIZING that the Community and the Republic of Armenia wish to strengthen these ties and establish a partnership and cooperation that would deepen and extend the previously established relations between them, including the agreement between the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist Republics concerning trade and trade and economic cooperation, signed on 18 December 1989.
CONSIDERING the will of the Community and its Member States and the Republic of Armenia to strengthen the political and economic freedoms that form the basis of the partnership,
CONSIDERING the willingness of the parties to promote international peace and security and the peaceful resolution of conflicts and to cooperate to that end within the framework of the United Nations and the Organization for Security and Cooperation in Europe (OSCE),
CONSIDERING that the Community, its Member States and the Republic of Armenia have firmly committed themselves to fully implement all the provisions and principles contained in the Final Act of the Conference on Security and Cooperation in Europe (CSCE), in the closing documents of the follow-up conferences of Madrid and Vienna, in the document of the CSCE Conference of Bonn on Economic Cooperation, in the Charter of Paris for a New Europe and in the document "The fundamentals of Change
RECOGNIZING that in this context, the support of the independence, sovereignty and territorial integrity of the Republic of Armenia contributes to safeguarding peace and stability in Europe,
CONVAINCUS of the vital 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 multipartyism and free and democratic elections and economic liberalization aimed at creating a market economy,
ESTIMING that the full implementation of this partnership and cooperation agreement will presuppose and contribute to the continuation and implementation of political, economic and legal reforms in the Republic of Armenia and the establishment of the necessary factors for cooperation, including 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 the prosperity and stability of the region and in particular initiatives aimed at fostering cooperation and mutual trust between the independent States of Transcaucasia and other neighbouring States,
ISSUES to establish and develop a regular political dialogue on bilateral, regional and international issues of common interest,
RECOGNIZING AND SUPPORTING the desire of the Republic of Armenia to establish close cooperation with European institutions,
CONSIDERING the need to promote investments in the Republic of Armenia, particularly 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 commitment of the Community, its Member States and the Republic of Armenia to the European Energy Charter and to the full implementation of the Energy Charter Treaty and the Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects,
RECORD OF the will of the Community to ensure, as appropriate, economic cooperation and technical assistance,
WHEREAS the agreement can foster a gradual rapprochement between the Republic of Armenia and a broader area of cooperation in Europe and the neighbouring regions, as well as its progressive integration into the open international system,
CONSIDERING that the parties have pledged to liberalize trade in accordance with the rules of the World Trade Organization (WTO),
CONSCIENTS of the need to improve conditions affecting trade and investment, as well as conditions in areas such as corporate establishment, employment, service delivery and capital circulation,
FELICITANT AND RECOGNIZING the importance of the efforts of the Republic of Armenia to move from a state economy to central planning to a market economy,
CONVAINCUS that this Agreement will create a new climate between the parties for their economic relations, particularly for the development of trade and investment, essential instruments of economic restructuring and technological modernization,
DESIRING to establish close cooperation in the field of environmental protection, taking into account the interdependence between the parties,
RECOGNIZING that cooperation in the prevention and control of illegal immigration is one of the priority objectives of this Agreement,
DESIReux to establish cultural cooperation and to develop exchanges of information,
AGAINST THE PROVISIONS THAT SAY:
ARTICLE 1
A partnership is established between the Community and its member states, on the one hand, and the Republic of Armenia, on the other. Its objectives are:
- provide an appropriate framework for political dialogue between the parties to enable the development of close political relations between them,
- support the efforts of the Republic of Armenia to consolidate its democracy, to develop its economy and to complete its transition to a market economy,
- promoting trade and investment and harmonious economic relations among the parties in order to promote their sustainable economic development,
- lay the foundation for cooperation in the legislative, economic, social, financial, civil, technological and cultural cooperation fields.
Title I. - General principles
ARTICLE 2
Respect for democracy, the principles of international law and human rights enshrined in the Charter of the United Nations, the Final Act of Helsinki and the Paris Charter for a New Europe, as well as the principles of the market economy, as set out in the documents of the CSCE Conference in Bonn, inspires the internal and external policies of the parties and constitutes an essential element of partnership and this agreement.
ARTICLE 3
The parties consider that it is essential for their future prosperity and stability that the new independent States that originate from the dissolution of the Union of Soviet Socialist Republics, hereafter referred to as "independent states", maintain and develop their cooperation in accordance with the principles of the Helsinki Final Act and international law, as well as good-neighbourly relations, and will unite all their efforts to promote this process.
ARTICLE 4
The parties consider, as appropriate, the evolution of circumstances in the Republic of Armenia, in particular with regard to the economic conditions prevailing therein and the implementation of economic reforms aimed at a market economy. The Cooperation Council may make recommendations to the parties regarding the development of a part of this Agreement in the light of these circumstances.
Part II. - Political dialogue
ARTICLE 5
A regular political dialogue is established between the parties, which they intend to develop and strengthen. It accompanies and consolidates the rapprochement of the Community and the Republic of Armenia, supports the political and economic changes in this country and contributes to the creation of 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 community of democratic nations. The economic convergence achieved through this agreement will lead to increased political relations;
- will lead to greater convergence of positions on international issues of mutual interest, thereby increasing security and stability in the region and promoting the future development of the independent States of Transcaucasia;
- shall provide that the parties shall endeavour to cooperate in areas relating to the strengthening of stability and security in Europe, respect for the principles of democracy and respect for and promotion of human rights, including those of persons belonging to minorities and consult, if necessary, on relevant issues.
This dialogue can take place on a regional basis, with a view to contributing to the resolution of regional conflicts and tensions.
ARTICLE 6
At the ministerial level, political dialogue takes place within the Cooperation Council established by Article 78 or on other occasions, on mutual agreement.
ARTICLE 7
Other procedures and mechanisms for political dialogue are established by the parties, including the following:
- regular meetings of senior officials representing the Community and its Member States, on the one hand, and the Republic of Armenia, on the other;
- full use of diplomatic channels between the parties, including through appropriate contacts in a bilateral or multilateral framework, such as United Nations meetings, the OSCE or other forums;
- any other means such as expert meetings, which could help to consolidate and develop political dialogue.
ARTICLE 8
Political dialogue at the parliamentary level takes place within the Parliamentary Cooperation Committee established in accordance with Article 83.
Part III. - Exchange of goods
ARTICLE 9
1. The parties mutually agree to the treatment of the most-favoured nation with respect to:
- customs duties and import and export taxes, including the method of collection of these duties and taxes,
- the customs clearance, transit, warehouses and transshipment provisions,
- taxes and other internal taxation of any kind applied directly or indirectly to imported goods,
- payment methods and transfer of such payments,
- rules governing the sale, purchase, transport, distribution and use of goods in the domestic market.
2. The provisions of paragraph 1 shall not apply:
(a) the benefits granted for the purpose of creating a customs union or free trade zone or arising from the creation of such a union or area;
(b) benefits to certain countries in accordance with WTO rules and other international arrangements for developing countries;
(c) the benefits granted to neighbouring countries to facilitate border traffic.
3. The provisions of paragraph 1 shall not apply, for 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 on which the event is the closest, to the benefits defined in Annex I and granted by the Republic of Armenia to the other States born of the dissolution of the USSR.
ARTICLE 10
1. The parties agree that the principle of the freedom of transit of goods is an essential condition for achieving the objectives of this Agreement.
In this regard, each party guarantees the transit through or through its territory of goods originating from the customs territory or intended 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 shall apply between the two parties.
3. The rules contained in this Article shall be in agreement without prejudice to any other special rule agreed between the parties and relating to specific sectors, in particular transport, or products.
ARTICLE 11
Without prejudice to the rights and obligations arising from the international conventions on the temporary admission of goods binding on both parties, each party shall grant to the other party the exemption of import duties and taxes on goods temporarily admitted, in the cases and in accordance with the procedures laid down by any other international convention in that area which binds it, in accordance with its legislation. The conditions under which obligations arising from such a convention have been accepted by the party in question will be taken into account.
ARTICLE 12
1. Goods originating from the Republic of Armenia are imported into the Community without any quantitative restrictions, without prejudice to the provisions of Articles 14, 17 and 18 of this Agreement.
2. Goods originating from the Community are imported into the Republic of Armenia outside any quantitative restriction or equivalent effect measurement.
ARTICLE 13
The goods are exchanged between the parties at market prices.
ARTICLE 14
1. Where imports of a given product in the territory of one of the parties increase in proportions or conditions such as they cause or may cause harm to national producers of similar or directly competitive products, the Community or the Republic of Armenia, as the case may be, may take appropriate measures in the following conditions and procedures.
2. Before taking any action 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, shall provide the Co-operation Council with all relevant information to seek an acceptable solution for both parties, as provided for in Part XI.
3. If, as a result of the consultations, the parties fail to reach an agreement, within 30 days of the referral of the Cooperation Council, on the actions to be taken to remedy the situation, the party requesting the consultations is free to limit the imports of the products concerned to the extent and during the period necessary to prevent or repair the damage, or to adopt other appropriate measures.
4. In critical circumstances, where a delay may result in difficult repairs, the parties may take action before the consultations, provided that consultations are proposed immediately after the adoption of these measures.
5. In choosing the measures to be taken under this article, the parties shall accord priority to those that at least disrupt the achievement of the objectives of this Agreement.
6. Nothing in this section prejudges or affects in any way the adoption by either of the parties of anti-dumping or compensatory measures in accordance with Article VI of the GATT, the agreement on the implementation of Article VI of the GATT, the agreement on the 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 this Agreement on their exchange of goods in accordance with the circumstances, including the situation resulting from the accession of the Republic of Armenia to the WTO. The Co-operation Council may make recommendations to the parties regarding adjustments, which, if accepted, may be implemented by agreement between the parties in accordance with their respective procedures.
ARTICLE 16
This Agreement does not impede the prohibitions or restrictions of import, export or transit, justified by reasons of public morality, public order, public security, the protection of the health and life of persons and animals or the preservation of plants, the protection of natural resources, the protection of national treasures with an artistic, historical or archaeological value or the protection of intellectual, industrial and commercial property, or the regulations relating to natural resources and However, such prohibitions or restrictions should not constitute a means of arbitrary discrimination or a disguised restriction in trade between the parties.
ARTICLE 17
This title does not apply to the exchange of textile products under Chapters 50 to 63 of the combined nomenclature. The exchange of these products is governed by a separate agreement, which was signed on 18 January 1996 and has been provisionally implemented since 1^er January 1996.
ARTICLE 18
1. The exchange of products covered by the Treaty establishing the European Coal and Steel Community is governed by the provisions of this title, with the exception of Article 12.
2. There is a contact group on coal and steel issues, composed of representatives of the Community, on the one hand, and representatives of the Republic of Armenia, on the other.
This contact group regularly exchanges information on all coal and steel issues of interest to the parties.
ARTICLE 19
The trade in nuclear material is carried out in accordance with the provisions of the Treaty establishing the European Atomic Energy Community. If necessary, trade in nuclear material is subject to the provisions of a specific agreement to be concluded between the European Atomic Energy Community and the Republic of Armenia.
Part IV. - Trade and investment provisions
CHAPTER I. - Employment conditions
ARTICLE 20
1. Subject to the laws, conditions and procedures applicable in each Member State, the Community and the Member States shall endeavour to ensure that Armenian nationals legally employed in the territory of a Member State are not discriminated against on the basis of nationality, with regard to the conditions of work, remuneration or dismissal, in relation to nationals of that Member State.
2. Subject to the laws, conditions and procedures applicable in the Republic of Armenia, the Republic of Armenia shall endeavour to ensure that workers who are nationals of a legally employed Member State in the territory of the Republic of Armenia are not discriminated against on the basis of nationality, with regard to the conditions of work, remuneration or dismissal, in relation to its own nationals.
ARTICLE 21
The Cooperation Council examines the improvements that can be made to the working conditions of businessmen in accordance with the international commitments of the parties, including those defined in the Bonn CSCE Conference document.
ARTICLE 22
The Cooperation Council makes recommendations for the implementation of articles 20 and 21.
CHAPTER II. - Conditions for the establishment and business of companies
ARTICLE 23
1. The Community and its Member States grant no less favourable treatment than that granted to companies in a third country for the establishment of Armenian companies, as defined in Article 25 (d).
2. Without prejudice to the reservations listed in Annex IV, the Community and its member states shall grant to the affiliates of Armenian companies established in their territory no less favourable treatment than that granted to community companies with respect to their operation.
3. The Community and its Member States reserve to the branches of Armenian companies established in their territory a treatment not less favourable than that granted to the branches of companies of a third country, with respect to their exploitation.
4. The Republic of Armenia grants to the establishment of community-based companies, as defined in section 25 (d), a treatment not less favourable than that granted to Armenian companies or companies of a third country, if it is better, and grants to affiliates or branches of community-based companies established in its territory a treatment not less favourable than that granted to its own companies or branches or to companies or branches of a third country, if it is better
ARTICLE 24
1. Without prejudice to the provisions of section 97, the provisions of section 23 do not apply to air, river and marine transportation.
2. However, with respect to the activities listed below of marine agencies providing international shipping services, including intermodal transport operations including a maritime part, each party will authorize 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 not less favourable than those granted to its own companies or affiliates or branches of companies of a third country,
3. These activities include, but are not limited to:
(a) the marketing and sale of marine transportation services and related services by direct contact with customers, from price offer to invoice preparation, whether these services are performed or offered by the service provider or by service providers with which the service vendor has established permanent trade agreements;
(b) the purchase and use, on their own behalf or on behalf of their customers (and for resale to their customers) of any transport service or annex, including inland transport services by any mode, including by river, road and rail transport, necessary for the provision of an integrated service;
(c) the preparation of transport documents, customs documents or any other document relating to the origin and nature of the goods transported;
(d) the provision of commercial information by any means, including computerized systems and electronic data exchanges (subject to non-discriminatory telecommunications restrictions);
(e) the establishment of a commercial arrangement, including participation in the capital of the corporation and the appointment of locally recruited staff (or, in the case of foreign staff, 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 vessel's port of call or the handling of the cargo when necessary.
ARTICLE 25
For the purposes of this Agreement:
(a) "community society" or "Armenian society" respectively: a corporation incorporated in accordance with the legislation of a Member State or the Republic of Armenia and having its registered office, central administration or principal established office shall enter the territory of the Community or 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 in the territory of the Community or the Republic of Armenia, it will be considered as a community society or an azeri society if its activity has an effective and continuous connection with the economy of one of the Member States or the Republic of Armenia respectively.
b) "filial" of a society: a society effectively controlled by the first.
(c) "succursal" of a company: an institution that does not have the legal personality that has the appearance of the permanence, such as the extension of a parent company, has its own management and is materially equipped to negotiate business with third parties in such a way that the latter, although knowing that there will be, if necessary, a legal relationship with the parent company, whose seat is held abroad, are not
(d) "establishment": the right for community or Armenian companies defined in (a) to access economic activities through the creation of subsidiaries and branches in the Republic of Armenia or in the Community respectively.
(e) "exploitation": the exercise of economic activity.
(f) "economic activities": industrial and commercial activities and liberal professions.
With regard to international maritime transport, including intermodal operations involving a maritime route, also benefit from the provisions of this chapter and chapter III, nationals of the 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 the Republic of Armenia, if their ships are registered
ARTICLE 26
1. Notwithstanding any other provision of this Agreement, it is not an obstacle to the adoption by a portion of prudential measures, in particular to ensure the protection of investors, depositors, insurance takers or "fiscal" or to preserve the integrity and stability of the financial system. Where such measures are not in conformity with the provisions of this Agreement, they may not be used to escape obligations to a party under this Agreement.
2. Nothing in this Agreement shall be construed to require a party to disclose information relating to the affairs and accounts of individual clients or any confidential or protected information in possession of public institutions.
3. For the purposes of this Agreement, "financial services" means the activities described in Appendix III.
ARTICLE 27
The provisions of this Agreement shall not prejudge the application, by each party, of any measures necessary to avoid the measures it has taken regarding the access of third countries to its market being circumscribed by the provisions of this Agreement.
ARTICLE 28
1. Notwithstanding the provisions of Chapter I of this Title, a community corporation or an Armenian corporation established in the territory of the Republic of Armenia or the Community respectively shall have the right to use or employ by any of its subsidiaries or branches, in accordance with the legislation in force in the host country, in the territory of the Republic of Armenia and the Community respectively, of the nationals of the Member States of the Armenia and The residence and work permits of these people cover only the period of employment.
2. The basic staff of the companies mentioned above, as described below as "firms", is composed of "persons transferred between companies" as defined in point (c) and belonging to the following categories, provided that the firm has a legal personality and that the persons concerned have been employed by that firm or have been partners of that firm (other than majority shareholders) for at least one year before that transfer:
(a) executives of a firm, whose main function is to manage the establishment, under the control or general direction of the board of directors or shareholders or their equivalents, their function of:
- direct the establishment, or a service or section of the establishment,
- monitor and control the work of other employees performing monitoring, management or technical functions,
- to initiate or terminate or recommend the hiring or dismissing of staff or to take other measures relating to staff under the authority conferred upon them.
(b) persons employed by a firm, who have exceptional essential skills in the service, research equipment, technology or management of the facility. The evaluation of this knowledge may include, in addition to the knowledge specific to the institution, the high level of competence for a type of work or activity requiring specific technical knowledge, including membership in an accredited profession.
(c) a "person transferred between companies" is defined as a natural person working for a firm in the territory of a party and temporarily transferred as part of the exercise of economic activities in the territory of the other party; the concerned firm must have its principal place of business in the territory of a party and the transfer must be made to an establishment (subsidiary, branch) of that firm, actually carrying out similar economic activities in the territory of the other party.
ARTICLE 29
1. The parties shall, to the extent possible, endeavour to avoid taking action or undertaking actions that would make the conditions for the establishment and operation of their societies more restrictive than they were on the day before the date of signing this Agreement.
2. The provisions of this Article shall be without prejudice to those of Article 37: the situations covered by Article 37 shall be governed only by the provisions of this Article, excluding 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 to adopt new regulations that may render the conditions of establishment or operation in the Republic of Armenia of branches and subsidiaries of more restrictive community companies that they were not on the day before the date of signing of this Agreement. The Community may request the Republic of Armenia to communicate draft laws or regulations and to consult on this matter.
4. Where new legislation or regulations introduced in the Republic of Armenia are likely to make the operating conditions of branches and subsidiaries of community companies established in the Republic of Armenia more restrictive than they were on the day of the signing of this Agreement, these laws or regulations do not apply for the three years following the entry into force of the act in question to the subsidiaries and branches already established in the Republic of Armenia.
CHAPTER III. - Cross-border 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 the necessary steps to permit the provision of services progressively by the community or Armenian companies that are established in a party other than the recipient of the services, taking into account the evolution of the service sector in both parties.
2. The Cooperation Council makes the necessary recommendations for the implementation of paragraph 1.
ARTICLE 31
The parties cooperate in order to develop in the Republic of Armenia a sector of services obeying market laws.
ARTICLE 32
1. With regard to international maritime transport, the parties undertake to effectively apply the principle of free market access and traffic on a commercial basis.
(a) The above-mentioned provision does not prejudge the rights and obligations arising from the United Nations Convention on a Code of Conduct for Maritime Conferences applicable to either of the parties to this Agreement. Off-Conference companies are free to compete 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 the trade in bulk, dry and liquid.
2. In applying the principles of paragraph 1, the parties shall:
(a) refrain from applying, from the entry into force of this Agreement, clauses for the sharing of bilateral agreements between a Member State of the Community and the former Soviet Union;
(b) refrain from introducing, in future bilateral agreements with third countries, cargo-sharing clauses, except in exceptional circumstances where shipping companies of either party to this Agreement would not otherwise have the opportunity to participate effectively in traffic to and from the third country concerned;
(c) prohibit, in future bilateral agreements, cargo-sharing clauses concerning bulk, dry and liquid;
(d) abolish, upon the entry into force of this Agreement, all unilateral measures, administrative, technical and other impediments that may have a restrictive or discriminatory effect on the free provision of services in international shipping.
3. Each party provides, among other things, to vessels operated by nationals or companies of the other party, a treatment not less favourable than that granted to its own ships with respect to access to ports open to international trade, the use of the auxiliary marine infrastructure and services of these ports, as well as with respect to duties and taxes, customs facilities, the designation of anchorage and loading and unloading facilities.
4. Nationals and community-based companies providing international shipping services are free to provide international fluvio-maritime services on the internal waters of the Republic of Armenia and vice versa.
ARTICLE 33
In order to ensure a coordinated development of transport between the parties, adapted to their commercial needs, the conditions for mutual access to the market and the provision of transport services by road, rail and inland waterway 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 by public, public or public health reasons.
2. They do not apply to activities that, in the territory of either party, are related, even occasionally, to the exercise of public power.
ARTICLE 35
For the purposes of this title, no provision of this Agreement shall hinder the application by the parties of their laws and regulations relating to admission and residence, employment, working conditions, the establishment of natural persons and the provision of services, provided that the benefits derived by one of the parties from a specific provision of this Agreement are not reduced or compromised. This provision is without prejudice to the application of section 34.
ARTICLE 36
Companies controlled or owned jointly by Armenian companies and community societies also benefit from the provisions of chapters II, III and IV.
ARTICLE 37
The treatment granted, since the day preceding one month, the date of entry into force of the relevant obligations arising from the General Agreement on Trade in Services (GATS), by one of the parties to the other party under this Agreement is in no way more favourable, in respect of the sectors or measures covered by the GATS, than that granted by that first part in accordance with the provisions of the GATS, regardless of the sector,
ARTICLE 38
For the purposes of chapters II, III and IV, it is not taken into account the treatment granted by the Community, its member States or the Republic of Armenia by virtue of commitments entered into in economic integration agreements in accordance with the principles of Article V of the GATS.
ARTICLE 39
1. The treatment of the most favoured nation granted in accordance with the provisions of this Title does not apply to the tax benefits that the parties grant or grant in the future on the basis of agreements to avoid double taxation or other tax arrangements.
2. Nothing in this title shall be construed to prevent the adoption or application by the parties of a measure to avoid tax evasion in accordance with the tax provisions of agreements to avoid double taxation and other tax arrangements, or national tax legislation.
3. Nothing in this title shall be construed in such a way as to prevent Member States or the Republic of Armenia from distinguishing, in the application of the relevant provisions of their tax legislation, between taxpayers who are not in identical situations, in particular with respect to their place of residence.
ARTICLE 40
Without prejudice to section 28, no provision of Chapters II, III and IV shall be construed as giving the right to:
- nationals of the Member States or the Republic of Armenia to enter or remain in the territory of the Republic of Armenia or the Community, respectively, in any capacity, and in particular as shareholders or partners of a company or managers or employees of that company or service providers or beneficiaries;
- branches or community affiliates of Armenian companies to use or use in the territory of the Armenian Nationalities Community;
- Armenian branches or affiliates of community-based companies to use or employ nationals of member states in the territory of the Republic of Armenia;
- Armenian companies or community branches or affiliates of Armenian companies to provide Armenian nationals to act on behalf of and under the control of other persons under temporary employment contracts;
- community companies or Armenian affiliates or branches of community companies to provide workers who are nationals of Member States under temporary employment contracts.
CHAPTER V. - Current payments and capital
ARTICLE 41
1. The parties undertake to authorize, in a freely convertible currency, all current payments between residents of the Community and the Republic of Armenia related to the movement of goods, services or persons made in accordance with this Agreement.
2. With respect to transactions relating to the balance of capital transactions, the parties shall ensure, from the date of entry into force of this Agreement, the free movement of capital in respect of direct investment in incorporated companies in accordance with the laws of the host country and the investments made in accordance with the provisions of Chapter II, as well as the liquidation or repatriation of the proceeds of such investments and any benefit arising therefrom.
3. Without prejudice to paragraph 2 or paragraph 5, the parties shall refrain from the entry into force of this Agreement, introduce new exchange restrictions affecting capital movements and current payments related to these movements between residents of the Community and the Republic of Armenia and make existing arrangements more restrictive.
4. The parties shall consult with a view to facilitating the movement of capital types other than those mentioned 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, as long as the total convertibility of the currency of the Republic of Armenia within the meaning of Article VIII of the statutes 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 short- and medium-term financial credits, to the extent that these restrictions are authorized to it for the IMF The Republic of Armenia applies these restrictions in a non-discriminatory manner. These restrictions must at least disrupt the operation of this Agreement. The Republic of Armenia shall promptly inform the Cooperation Council of the adoption of such measures and any changes it may make.
6. Without prejudice to paragraphs 1 and 2, where, in exceptional circumstances, the free movement of capital between the Community and the Republic of Armenia causes, or may cause, serious difficulties in the operation of the exchange policy or monetary policy of the Community or the Republic of Armenia, the Community and the Republic of Armenia, respectively, may take measures to safeguard strictly with regard to the movements of capital between the Community and the Republic of Armenia for a period not exceeding six months.
CHAPTER VI. - Protection of intellectual property,
industrial and commercial
ARTICLE 42
1. In accordance with the provisions of this Article and 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 the Member States are parties or which are applied de facto by the Member States in accordance with the relevant provisions of these conventions.
Part V. - Legislative cooperation
ARTICLE 43
1. The parties recognize that an important condition for strengthening the economic ties between the Republic of Armenia and the Community is the approximation of the existing and future legislation of the Republic of Armenia with that of the Community. The Republic of Armenia is making every effort to ensure that its legislation is progressively compatible with community legislation.
2. The approximation of legislation includes, in particular, the following areas: customs legislation, corporate law, bank law, accounting and corporate taxation, intellectual property, workplace protection, financial services, competition rules, public procurement, protection of the health and life of persons, animals and plants, environment, consumer protection, indirect taxation, technical rules and standards, nuclear laws and regulations, transport.
3. The Community provides technical assistance to the Republic of Armenia for the implementation of these measures, including:
- the exchange of experts,
- the provision of rapid information, including the relevant legislation,
- organization of seminars,
- training activities,
- assistance for the translation of community legislation in the sectors concerned.
4. The parties agree to consider how to apply their respective competition rules in a concerted manner in the event that the exchanges between the parties are affected.
Part VI. - Economic cooperation
ARTICLE 44
1. The Community and the Republic of Armenia establish economic cooperation to contribute to the process of economic reform and recovery and to the sustainable development of the Republic of Armenia. This cooperation reinforces existing economic ties in the interest of both parties.
2. Policies and other measures aim to promote economic and social reforms and the restructuring of economic and commercial systems in the Republic of Armenia and are guided by the principles of harmonious social sustainability and development; They also fully incorporate environmental considerations.
3. To this end, cooperation is focused on economic and social development, human resources development, support to businesses (privatization, promotion and protection of investments, small and medium-sized enterprises, in particular), mining and raw materials; science and technology, agriculture and the food sector, energy, transport, tourism, telecommunications, financial services, the fight against money laundering, trade, customs, statistical cooperation, information and communication, environmental protection and regional cooperation.
4. Particular attention is paid to measures that could promote cooperation between the independent States of Transcaucasia and others Neighbouring States, with a view to stimulating harmonious development of the region.
5. Where applicable, economic cooperation and other forms of cooperation under this Agreement may be supported by technical assistance from the Community, taking into account the Council's Community Regulation applicable to technical assistance to independent States, the priorities agreed in the indicative programme for technical assistance of the Community to the Republic of Armenia and the procedures for coordination and implementation set out therein.
ARTICLE 45
Cooperation in the area of trade in goods and services
The parties cooperate to ensure the conformity of the international trade of the Republic of Armenia with the WTO rules.
This cooperation includes specific areas of direct relevance to trade facilitation:
- formulation of a policy on trade and trade issues, including payment and compensation mechanisms,
- development of relevant legislation,
- continuous assistance to prepare the Republic of Armenia for future accession to the WTO.
ARTICLE 46
Industrial cooperation
1. In particular, cooperation aims to promote:
- the development of trade links between the economic operators of the two parties,
- the participation of the Community in the efforts of the Republic of Armenia to restructure its industry and attract investments to its industry,
- improved management,
- the establishment of adequate trade rules and practices,
- environmental protection.
2. The provisions of this section do not affect the application of community competition rules to businesses.
ARTICLE 47
Promotion and protection of investments
1. In keeping with the respective powers and competences of the Community and its member States, cooperation aims to create an environment conducive to investment, both domestic and foreign, particularly by the realization of better conditions for the protection of investments, the transfer of capital and the exchange of information on investment opportunities.
2. The objectives of cooperation include:
- the conclusion, if any, between the Member States and the Republic of Armenia of agreements for the promotion and protection of investments,
- the conclusion, if any, between the Member States and the Republic of Armenia of agreements to avoid double taxation,
- the creation of favourable conditions to attract foreign investment in the Armenian economy,
- the establishment of stable and adequate trade laws and conditions, as well as the exchange of information on laws, regulations and administrative practices in the field of investment,
- the exchange of information on investment opportunities within, inter alia, trade fairs, exhibitions, commercial weeks and other events.
ARTICLE 48
Public procurement
The parties cooperate to promote open competition in procurement of goods and services, including through tenders.
ARTICLE 49
Cooperation in the field of standards and conformity assessment
1. Cooperation between the parties aims to encourage alignment with the international quality criteria, principles and guidelines, facilitate mutual recognition in the field of conformity assessment, and improve the quality of Armenian products.
2. To this end, the parties endeavour to cooperate in technical assistance projects to:
- promote appropriate cooperation with organizations and specialized agencies in these areas,
- promote the use of the Community's technical rules and the application of European conformity assessment standards and procedures,
- promote the sharing of experience and technical information in quality management.
ARTICLE 50
Mining and raw materials
1. The parties aim to increase investment and trade in the mining and raw materials sector.
2. In particular, cooperation focuses on:
- the exchange of information on developments in the mining sector and the non-ferrous metal sector,
- the establishment of a legal framework for cooperation,
- trade issues,
- the adoption and implementation of legislative measures in the field of environmental protection,
- training,
- safety in the mining industry.
ARTICLE 51
Cooperation in science and technology
1. The parties promote, in their mutual interest, cooperation in the field of civil scientific research and technological development and, taking into account available resources, appropriate access to their respective programmes, subject to the effective and adequate protection of intellectual, industrial and commercial property rights.
2. Cooperation in science and technology includes:
- the exchange of scientific and technological information,
- joint research and development activities,
- training activities and mobility programmes for scientists, researchers and technicians from both sides working in the field of research and technological development.
Where such cooperation is carried out through education and/or training activities, it must comply with the provisions of section 52.
On the basis of mutual agreement, parties can engage in other forms of cooperation in science and technology.
As part of these cooperation activities, special attention is given to the redeployment of scientists, engineers, researchers and technicians who participate or have participated in the research and/or production of weapons of mass destruction.
3. Cooperation under this article shall be implemented in accordance with specific arrangements negotiated and concluded in accordance with the procedures adopted by each party, which shall, inter alia, establish appropriate provisions on intellectual, industrial and commercial rights.
ARTICLE 52
Education and training
1. The parties cooperate to raise the level of general education and professional qualifications in the Republic of Armenia in both the public and private sectors.
2. In particular, cooperation focuses on:
- the rehabilitation of higher education and training systems in the Republic of Armenia, including the certification system of higher education institutions and higher education diplomas,
- training of public and private sector managers and officials in priority areas to be determined,
- cooperation between educational institutions and between educational institutions and enterprises,
- the mobility of teachers, graduates, administrators, young scientists and researchers, as well as young people,
- the promotion of European studies in appropriate institutions,
- teaching community languages,
- the post-university training of conference interpreters,
- training journalists,
- training trainers.
3. The possible participation of a party in the various education and training programmes of the other party may be considered in accordance with their respective procedures and, where appropriate, institutional frameworks and cooperation programmes are then established in the extension of the participation of the Republic of Armenia in the TEMPUS programme of the Community.
ARTICLE 53
Agriculture and agro-industrial sector
In this area, cooperation aims to promote agrarian reform, modernization, privatization and restructuring of agriculture, the agro-industrial sector and the services sector in the Republic of Armenia to develop national and international markets for Armenian products, in conditions ensuring the protection of the environment, taking into account the need to improve the security of food supply, the development of the agro-industrial complex, the transformation and distribution of agricultural products. The parties also aim to gradually bring Armenian standards closer to community technical regulations on industrial and agricultural food, including sanitary and phytosanitary standards.
ARTICLE 54
Energy
1. Co-operation is part of the principles of the market economy and the European Energy Charter, and taking into account the Treaty on the Energy Charter and the Protocol on Energy Efficiency and Related Environmental Aspects and is developing in the perspective of a progressive integration of energy markets in Europe.
2. Cooperation includes:
- the formulation and development of an energy policy,
- improving the management and regulation of the energy sector in accordance with a market economy,
- improving energy supply, including security of supply, in an economically and environmentally sound manner,
- the promotion of energy savings and energy efficiency and the implementation of the Energy Charter protocol on energy efficiency and related environmental aspects,
- the modernization of energy infrastructure,
- improvement of supply and end-use technologies regardless of energy type,
- management and technical training in the energy sector,
- the transport and transit of energy and energy materials,
- the realization of a set of institutional, legal, fiscal and other conditions necessary to encourage exchanges and investments in energy,
- the development of hydroelectric resources and other renewable energy sources.
3. The parties exchange relevant information on investment projects in the energy sector, particularly with regard to the construction and restoration of pipelines and pipelines or other means of transporting energy products. They cooperate in the effective implementation of the provisions of Part IV and Article 47 as far as possible with regard to investments in the energy sector.
ARTICLE 55
Environment
1. In the spirit of the European Energy Charter and the Declaration of the Lucerne Conference of 1993, and taking into account the Treaty on the Energy Charter, in particular its Article 19, and the Charter on Energy Protocol 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 aims to combat environmental degradation, including:
- effective pollution monitoring and environmental assessment; an environmental information system,
- the fight against local, regional and transboundary air and water pollution,
- rehabilitation of the environment,
- sustainable, efficient and ecological production and consumption of energy,
- safety of industrial facilities,
- classification and safe handling of chemical substances,
- water quality,
- the reduction, recycling and clean disposal of waste, the implementation of the Basel Convention,
- the impact of agriculture on the environment; soil erosion; chemical pollution,
- forest protection,
- the preservation of biodiversity and protected areas and the sustainable use and management of biological resources,
- spatial planning, including construction and urban planning,
- the use of economic and fiscal instruments,
- the evolution of the global climate,
- education and ecological awareness,
- technical assistance concerning the rehabilitation of areas affected by radioactivity and the socio-sanitary problems resulting from it,
- the implementation of the Espoo Convention on Environmental Impact Assessment in a Transboundary Context.
3. Cooperation includes:
- disaster planning and other emergencies,
- exchange of information and experts, including in the transfer of clean technologies and the safe and ecological use of biotechnology,
- joint research activities,
- adaptation of legislation according to community standards,
- environmental training and institution building,
- regional cooperation, including within the framework of the European Environment Agency, and international cooperation,
- development of strategies, in particular with regard to global and climate problems and the realization 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 transport systems and networks in the Republic of Armenia and to develop and ensure, where appropriate, the compatibility of transport systems with a view to globalization. The operation of all traditional communication links between the independent States of Transcaucasia and other neighbouring States will be given special attention.
Cooperation includes:
- the modernization of the management and operation of road transport, railways, ports and airports,
- the modernization and development of road, rail, port, airport and inland waterways, including the modernization of the main axes of common interest and trans-European links for the above-mentioned modes of transport, including those concerning the TRACECA project,
- the promotion and development of multimodal transport
- promoting joint research and development programmes,
- the preparation of the legal and institutional framework for the development and implementation of a transport policy including the privatization of the transport sector.
ARTICLE 57
Postal services and telecommunications
As part of their respective powers and expertise, the parties extend and strengthen cooperation in the following areas:
- the development of policies and guidelines for the development of the telecommunications and postal services sector,
- the formulation of the principles of tariff policy and the marketing of telecommunications and postal services,
- the execution of technology transfer and know-how, particularly with regard to European technical standards and certification systems,
- the encouragement of the development of telecommunication and postal services projects, and the attraction of investments,
- improving the efficiency and quality of telecommunications and postal services, including through the liberalization of subsector activities,
- the advanced application of telecommunications, particularly in the area of the transfer of electronic funds,
- the management of telecommunications networks and their optimization,
- the definition of an appropriate regulatory basis for the provision of telecommunications and postal services and for the use of the range of radio frequencies,
- training in the field of telecommunications and postal services for operation under market conditions.
ARTICLE 58
Financial services
In particular, cooperation aims to facilitate the integration of the Republic of Armenia into universally accepted regulatory systems. Technical assistance includes:
- the development of banking and financial services, the development of a common finance market, the integration of the Republic of Armenia into a system of universally accepted regulations,
- the development in the Republic of Armenia of a system of tax institutions, the exchange of experience and the training of personnel,
- the development of insurance services, which would create, among other things, a framework conducive to the participation of community companies in the establishment of joint ventures in the insurance sector in the Republic of Armenia, as well as the development of export credit insurance.
This cooperation in particular contributes to 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 strengthen their cooperation in the area of regional development and land development.
2. To this end, the parties encourage the exchange of information by national, regional and local authorities on regional policy and land-use planning as well as on regional policy formulation methods, including on the development of disadvantaged regions.
They also encourage direct contacts between the respective regional and public organizations responsible for regional development planning with the aim, inter alia, to exchange methods and means to encourage regional development.
ARTICLE 60
Social cooperation
1. In the area of health and safety, the parties develop their cooperation with the aim of improving the level of protection of workers' health and safety.
Cooperation includes:
- health and safety education and training, with special attention to high-risk sectors,
- the development and promotion of preventive measures to combat diseases and other occupational conditions,
- the prevention of major accidents and the management of toxic chemicals,
- research to develop the knowledge base on the work environment and the health and safety of workers.
2. In the area of employment, cooperation includes technical assistance related to:
- the optimization of the labour market,
- the modernization of investment and orientation services,
- the planning and implementation of restructuring programmes,
- promoting local employment development,
- the exchange of information on flexible employment programs, including those that stimulate self-employment and encourage the entrepreneurial spirit.
3. The parties pay particular attention to cooperation in the field of social protection, including cooperation in the planning and implementation of social protection reforms in the Republic of Armenia.
These reforms aim to develop market-specific protection methods in the Republic of Armenia and include all forms of social protection.
ARTICLE 61
Tourism
The parties strengthen and develop their cooperation, including:
- promoting tourism exchanges,
- increasing the flow of information,
- transferring know-how,
- examining opportunities for joint actions,
- ensuring cooperation between official tourism bodies,
- providing training for tourism development.
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 cooperation between small and medium-sized enterprises of the Community and the Republic of Armenia.
2. Cooperation includes technical assistance, including:
- creation of a legislative framework for small and medium-sized enterprises,
- development of appropriate infrastructure (a support agency for SMEs, communications, support for the creation of a SME fund),
- creation of technological parks,
ARTICLE 63
Information and communication
The parties support the development of modern information management methods, including media, and promote effective information exchange. Priority is given to programs 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
Consumer protection
The parties establish close cooperation between them to achieve compatibility between their consumer protection systems. This cooperation includes the exchange of information on legislative activities and institutional reforms, the establishment of permanent systems of reciprocal information on hazardous products, the improvement of information provided to consumers particularly in terms of prices, characteristics of products and services offered, the development of exchanges between consumer interests representatives and the improvement of the compatibility of consumer protection policies and the organization of seminars and training courses.
ARTICLE 65
Customs
1. Cooperation is aimed at ensuring compliance with all provisions to be agreed on in trade and fair trade and at bringing the customs regime of the Republic of Armenia closer to that of the Community.
2. Cooperation includes:
- exchange of information,
- improvement of working methods,
- introduction of the combined nomenclature and single administrative document,
- interconnection between the transit systems of the Community and the Republic of Armenia,
- simplification of controls and formalities with regard to the transport of goods,
- support for the introduction of modern customs information systems,
- organization of seminars and training courses.
Technical assistance is provided if necessary.
3. Without prejudice to other forms of cooperation provided for in this Agreement, in particular articles 69 and 71, mutual assistance in customs matters between the administrative authorities of the parties shall be governed by the provisions of the protocol attached to this Agreement.
ARTICLE 66
Statistical cooperation
Cooperation in this area aims to establish an effective statistical system to provide reliable statistics, to support and monitor the process of economic reforms and to contribute to the development of the private enterprise in the Republic of Armenia.
The parties cooperate, in particular, in the following areas:
- adaptation of the Armenian statistical system to international methods, standards and classifications,
- exchange of statistical information,
- provision of macroeconomic and micro-economic statistical information necessary for the implementation and management of economic reforms.
To this end, the Community provides technical assistance to the Republic of Armenia.
ARTICLE 67
Economic science
The parties facilitate the process of economic reform and the coordination of economic policies through cooperation to improve 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 exchange information on macroeconomic results and perspectives.
The Community provides technical assistance to:
- assist the Republic of Armenia in the process of economic reform by providing specialized advice and technical assistance,
- encourage cooperation between economists in order to accelerate the transfer of know-how necessary for the formulation of economic policies and to ensure a wide dissemination of the results of the related research.
Part VII. - Cooperation in the fields of democracy and human rights
ARTICLE 68
The parties cooperate on all matters concerning the establishment or strengthening of democratic institutions, including those required to strengthen the rule of law and the protection of human rights and fundamental freedoms in accordance with the principles of international law and the OSCE.
This cooperation includes technical assistance programmes to provide assistance, in particular, for the drafting of relevant legislation and regulations, the implementation of this legislation, the functioning of judicial institutions, the role of the State in the matter of justice and the functioning of the electoral system. Training is planned according to needs. The parties encourage contacts and exchanges between their national, regional and judicial authorities, between their parliamentarians and between non-governmental organizations.
Part VIII. - Cooperation in the area of prevention of illegal activities and prevention and control of illegal immigration
ARTICLE 69
The parties establish cooperation to prevent illegal activities such as:
- illegal economic activities, including corruption;
- illegal transactions involving various goods, including industrial waste;
- counterfeiting.
Cooperation in the above areas is based on mutual consultations and close interaction. It includes the provision of technical and administrative assistance, including:
- the development of national legislation in the area of prevention of illegal activities;
- the creation of information centres;
- strengthening the effectiveness of institutions active in the field of the prevention of illegal activities;
- training staff and development of research infrastructure;
- the development of mutually acceptable measures to combat illegal activities.
ARTICLE 70
Money laundering
1. The parties agree on the need to work and cooperate to prevent the use of their financial systems for money laundering from criminal activities in general and the illicit trafficking of drugs in particular.
2. Cooperation in this area includes administrative and technical assistance to adopt appropriate standards to combat money-laundering, comparable to those adopted in this area by the Community and international bodies active in this area, and in particular the international financial action group (FATF).
ARTICLE 71
Drug control
As part of their respective powers and competencies, the parties cooperate to increase the effective application and effectiveness of policies and measures to combat the illicit proliferation, supply and trafficking of narcotic drugs and psychotropic substances, including the prevention of the diversion of precursor chemicals, as well as to promote the prevention and reduction of drug demand. Cooperation in this area is based on mutual consultation and close coordination among the parties with regard to the objectives and measures in the various areas of drug control.
ARTICLE 72
Illegal immigration
1. The Member States and the Republic of Armenia agree to cooperate in preventing and controlling illegal immigration. To this end:
- the Republic of Armenia agrees to renew all its citizens illegally present in the territory of a Member State, at the request of the Member State and without any other formality;
- and each Member State agrees to reclaim all its nationals, as defined for the Community, illegally present in the territory of the Republic of Armenia, at the request of the latter and without any other formality.
The Member States and the Republic of Armenia also provide their nationals with the necessary identity documents for this purpose.
2. The Republic of Armenia agrees to conclude bilateral agreements with the Member States that wish to do so, regulating the specific obligations for readmission and including an obligation to readmission of nationals from other countries and stateless persons who have arrived in the territory of such a Member State from the Republic of Armenia or have arrived in the territory of the Republic of Armenia from such a Member State.
3. The Cooperation Council examines joint efforts to prevent and control illegal immigration.
Part IX. - Cultural cooperation
ARTICLE 73
The parties undertake to promote, encourage and facilitate cultural cooperation. Where applicable, the existing cultural cooperation programs of the Community or those of one or more of its member States may be the subject of cooperation and other activities of mutual interest may be undertaken.
Title X. - Financial cooperation in technical assistance
ARTICLE 74
In order to achieve the objectives of this Agreement and in accordance with Articles 75, 76 and 77, the Republic of Armenia is granted temporary financial assistance to it by the Community through technical assistance in the form of grants. The purpose of this assistance is to accelerate the process of economic reform of the Republic of Azerbaijan.
ARTICLE 75
This financial assistance is covered by the measures provided under the Tacis program and the Commission's Community Regulation.
ARTICLE 76
The objectives and areas of the Community's financial assistance will be defined in an indicative programme reflecting the agreed priorities between the two parties, taking into account the needs of the Republic of Armenia, its sectoral capacity for absorption and changes in reforms. The parties shall inform the Cooperation Council.
ARTICLE 77
In order to maximize the use of available resources, the parties ensure that there is close coordination between the Community's technical assistance and the contributions of other stakeholders, such as the Member States, other countries, and international organizations, such as the International Bank for Reconstruction and Development and the European Bank for Reconstruction and Development.
Part XI. - Institutional, general and final provisions
ARTICLE 78
A Cooperation Council is established to oversee the implementation of this Agreement. The Cooperation Council meets at the ministerial level once a year. It shall consider any important issues arising under this Agreement, as well as any other bilateral or international matter of mutual interest in achieving the objectives of this Agreement. The Cooperation Council may also make appropriate recommendations, in agreement between the two parties.
ARTICLE 79
1. The Council of Cooperation 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, of members of the Government of the Republic of Armenia.
2. The Council of Cooperation shall determine its rules of procedure.
3. The Presidency of the Cooperation Council is in turn exercised by a representative of the Community and a member of the Government of the Republic of Armenia.
ARTICLE 80
1. The Council of Cooperation is assisted, in carrying out its tasks, by a cooperation committee composed, 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, representatives of the Government of the Republic of Armenia, normally at the level of senior officials. The chair of the cooperation committee is in turn exercised by the Community and the Republic of Armenia.
In its rules of procedure, the Cooperation Council determines the mission of the Cooperation Committee, which includes the preparation of the meetings of the Cooperation Council, as well as the mode of operation of that Committee.
2. The Cooperation Council may delegate all or part of its competence to the Cooperation Committee, which will ensure continuity between the meetings of the Cooperation Council.
ARTICLE 81
The Co-operation Council may decide to establish any other committee or body to assist it in carrying out its tasks and determine its composition, mission and operation.
ARTICLE 82
In considering an issue arising under this Agreement in relation to a provision referring to a GATT/WTO article, the Cooperation Council shall take into account, to the extent possible, the generally agreed interpretation of the GATT/WTO article in question by WTO members.
ARTICLE 83
A parliamentary committee for cooperation is established. This committee is the enclosure where members of the National Assembly of the Republic of Armenia and members of the European Parliament meet and exchange their views. It meets according to a periodicity that it determines.
ARTICLE 84
1. The parliamentary committee for cooperation is composed of members of the European Parliament and, on the other hand, members of the National Assembly of the Republic of Armenia.
2. The Parliamentary Committee for Cooperation sets out its rules of procedure.
3. The chair of the parliamentary committee for cooperation is exercised in turn by the European Parliament and the National Assembly of the Republic of Armenia, in accordance with the terms to be set out in the rules of procedure.
ARTICLE 85
The Parliamentary Cooperation Committee may request the Cooperation Council to provide it with any useful information regarding the implementation of this Agreement; the Cooperation Council shall provide the information requested.
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. As part of this agreement, each party undertakes to ensure the access of the natural and legal persons of the other party, without any discrimination against its own nationals, to the competent courts and administrative bodies of the parties in order to assert their individual and real rights, including those relating to intellectual, industrial and commercial property.
2. Within their respective powers and competences, the parties shall:
- encourage the use of arbitration to resolve disputes arising from commercial transactions and cooperation between the economic operators of the Community and those of the Republic of Armenia;
- agree that where a dispute is subject to arbitration, each party to the dispute may, except in the case where the rules of the arbitration centre chosen by the parties decide otherwise, choose its own arbitrator, irrespective of its nationality, and that the third arbitrator or sole arbitrator may be a national of a third State;
- recommend to their economic operators to agree on the law applicable to their contracts;
- encourage the use of arbitration rules developed by the United Nations Commission on International Trade Law (UNCITRAL) and arbitration by any centre of a State signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, signed in New York on 10 June 1958.
ARTICLE 87
Nothing in this Agreement prevents a party from taking the measures:
(a) considers it necessary to prevent the disclosure of information contrary to the essential interests of its security;
(b) that relate to the production or trade of weapons, ammunition or war-related equipment or to research, development or production essential to its defence, provided that such measures do not adversely affect competition conditions for non-military products;
(c) that it considers essential to ensure its security in the event of serious internal disturbances that may affect public peace, in the event of war or serious international tension that poses a threat of war or in the fulfilment of obligations it has accepted to ensure the maintenance of peace and international security;
(d) that it considers necessary to meet its international obligations and commitments to control dual-use industrial goods and technologies.
ARTICLE 88
1. In the areas covered by this Agreement and without prejudice to any particular provision contained therein:
- the regime applied by the Republic of Armenia in respect of the Community shall not discriminate between the Member States, their nationals or their societies;
- the regime applied by the Community with respect to the Republic of Armenia shall not discriminate between the nationals of the Republic of Armenia or its societies.
2. The provisions of subsection 1 are without prejudice to the right of the parties to apply the relevant provisions of their tax legislation to taxpayers who are not in an identical situation as to their place of residence.
ARTICLE 89
1. Each party may refer to the Cooperation Council for any dispute relating to the application or interpretation of this Agreement.
2. The Cooperation Council may resolve disputes by recommendation.
3. If it is not possible to resolve the dispute in accordance with paragraph 2, each party may notify the designation of a conciliator to the other party, which is then required to designate a second arbitrator within two months. For the purposes of this procedure, the Community and the Member States are considered to be a single party to the dispute.
The Cooperation Council shall designate a third conciliator.
The recommendations of the conciliators are made by a majority. These recommendations are not mandatory for parties.
4. The Cooperation Council may establish a procedural settlement for the settlement of disputes.
ARTICLE 90
The parties agree to consult with each other expeditiously at the request of one of them to consider any matter relating to the interpretation or implementation of this Agreement and other relevant aspects of their mutual relations.
The provisions of this Article shall in no way affect those of Articles 14, 89 and 95 and shall agree without prejudice to them.
ARTICLE 91
The regime granted to the Republic of Armenia under this Agreement is in no way more favourable than that which the Member States apply among themselves.
ARTICLE 92
For the purposes of this Agreement, the term "Parties" means, on the one hand, the Republic of Armenia and, on the other, the Community, or the Member States, or the Community and the Member States, in accordance with their respective powers.
ARTICLE 93
To the extent that the materials covered by this Agreement are covered by the Treaty of the European Energy Charter and its Protocols, the Treaty and the Protocols shall apply, as soon as the Agreement comes into force, to these matters, but only to the extent that such application is provided for.
ARTICLE 94
This Agreement shall be concluded for an initial period of ten years. It is automatically renewed from year to year provided that neither of the two parties denounces it by a written notification addressed to the other party six months before its expiry.
ARTICLE 95
1. The parties shall take any general or special measures necessary to fulfil their obligations under this Agreement. They ensure that the objectives set out in this Agreement are met.
2. If a party considers that the other party has not fulfilled any of its obligations under this Agreement, it may take appropriate action. Previously, except in the case of a special emergency, it must provide the Co-operation Council with all relevant information necessary for a thorough review of the situation with a view to finding an acceptable solution for the parties.
When choosing these measures, priority must be given to those that at least disrupt the operation of this Agreement. These measures are notified immediately to the Cooperation Council at the request of the other party.
ARTICLE 96
Annexes I, II, III and IV and the Protocol are an integral part of this Agreement.
ARTICLE 97
This Agreement shall not affect, before equivalent rights have been granted to persons and economic operators under this Agreement, the rights guaranteed to them by existing agreements linking one or more Member States, on the one hand, and the Republic of Armenia, on the other hand, except in areas within the competence of the Community and without prejudice to the obligations of the Member States resulting from this Agreement in areas falling within the competence of the Member States.
ARTICLE 98
This Agreement applies, on the one hand, to territories where the treaties establishing the European Community, the European Coal and Steel Community and the European Atomic Energy Community are applicable and under the conditions provided for by the said treaties and, on the other, 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, of which copies in German, English, Danish, Spanish, Finnish, French, Greek, Italian, Dutch, Portuguese, Swedish and Armenian languages are equally authentic, is deposited with the Secretary General of the Council of the European Union.
ARTICLE 101
This Agreement shall be approved by the parties in accordance with their own procedures.
This Agreement comes into force on the first day of the second month following the date on which the parties notify the Secretary General of the Council of the European Union of the completion of the procedures referred to in the first paragraph.
Upon its entry into force, and to the extent that the relations between the Republic of Armenia and the Community are concerned, this agreement replaces the agreement between the European Economic Community, the European Atomic Energy Community, 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.
ARTICLE 102
If, pending the completion of the procedures necessary for the entry into force of this Agreement, the provisions of certain parts of the Agreement shall be implemented by an interim agreement between the Community and the Republic of Armenia, the parties agree that, under these circumstances, "the effective date of this Agreement" means the effective date of the interim agreement.
Done in Luxembourg, the twenty-two April nine hundred and ninety-six.

LIST OF JOINT DOCUMENTS
Annex I Benefits granted by the Republic of Armenia to independent States pursuant to Article 9 (3).
Annex II Conventions relating to intellectual, industrial and commercial property referred to in Article 42.
Appendix III Financial services referred to in section 26 (3).
Annex IV Community reserves in accordance with Article 23 paragraph 2.
Protocol concerning mutual assistance between administrative authorities in customs matters.

Annex I
Benefits granted by the Republic of Armenia to independent States in accordance with Article 9 (3)
All independent States:
No import rights are applied.
♪ Abra ♪
ANNEX II
Intellectual, Industrial and Commercial Property Conventions referred to in Article 42
1. Article 42, paragraph 2, deals with the following multilateral conventions:
- Berne Convention for the Protection of Literary and Artistic Works (Act of Paris, 1971);
- International Convention on the Protection of Interpreters and Executors, Phonogram Producers and Broadcasting Organizations (Rome, 1961);
- protocol on the Madrid Agreement concerning the International Registration of Marks (Madrid, 1989);
- Nice arrangement concerning the international classification of goods and services for the registration of marks (Geneva, 1977, revised in 1979);
- Budapest Treaty on the International Recognition of the Filing of Microorganisms for the Purpose of Patent Procedure (1977, amended in 1980);
- International Convention for the Protection of Plant Breeding (Geneva Act, 1991).
2. The Cooperation Council may recommend that section 42 (2) also apply to other multilateral conventions. In the event of difficulties in the field of intellectual, industrial or commercial property, which affect trade, consultations are held without delay, at the request of one of the two parties, in order to find a mutually satisfactory solution.
3. Parties confirm the importance they attach to the obligations arising from the following multilateral conventions:
- Paris Convention for the Protection of Industrial Property ( Stockholm Act, 1967, amended in 1979);
- Madrid arrangement concerning the international registration of trademarks ( Stockholm Act, 1967, amended in 1979);
- Patent Cooperation Treaty (Washington 1970, amended and amended in 1979 and 1984).
4. As soon as this Agreement comes into force, the Republic of Armenia grants, in terms of the recognition and protection of intellectual, industrial and commercial property, companies and citizens of the Community no less favourable treatment than that it reserves to any third country under a bilateral agreement.
5. The provisions of paragraph 4 do not apply to the benefits granted by the Republic of Armenia to a third country on an effective reciprocity basis or to the benefits granted by the Republic of Armenia to another country of the former Soviet Union.

ANNEX III
Financial services referred to in section 26 (3)
The concept of "financial services" refers to any financial service offered by the providers of one of the parties 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-living.
2. Reinsurance and surrender.
3. Activities of insurance intermediaries such as brokers and agents.
4. Auxiliary insurance services, such as consulting, actuarial, risk assessment and claims settlement services.
B. Banking and other financial services (excluding insurance)
1. Acceptance of deposits and other publicly repayable funds.
2. Loans of all kinds, including consumer credit, mortgage credit, chartering and financing of commercial transactions.
3. Financial lease.
4. Payment and money transfer services, such as credit or debit cards, travel cheques and bank cheques.
5. Guarantees and commitments.
6. Interventions on behalf of itself, and on behalf of customers, either on the stock market, the off-line market or others, namely:
(a) monetary market instruments (e.g. cheques, trades, deposit certificates, etc.);
(b) currency;
(c) derivatives, inter alia, futures contracts and options;
(d) exchange rates and interest rates, including products such as swaps, rate guarantee contracts, etc.;
(e) communicable securities;
(f) other negotiable financial instruments and assets, including metal reserves.
7. Participation in the issuance of securities of all kinds, including subscriptions, investments (private or public) as agents and services related to these emissions.
8. Exchange broker activities.
9. Asset management, including cash or portfolio management, all forms of collective investment management, pension fund management, custody, deposit or designation services.
10. Financial asset settlement and compensation services such as securities, derivatives and other negotiable instruments.
11. Advisory services and other auxiliary financial services related to the various activities listed in items 1 to 10, including information and evaluations on credit files, investigations and investment information and portfolio development, advice on corporate equity, restructuring and strategies.
12. Communication and transfer of financial information, financial data processing activities and provision of specialized software by providers of other financial services.
The following activities are excluded from the definition of financial services:
(a) activities carried out by central banks or other public institutions in the context of currency and exchange rate policies;
(b) activities carried out by central banks, public bodies, administrations or institutions on behalf of or under the State's bail, except in cases where such activities may be carried out by competing financial service providers of these public authorities;
(c) activities in an official social security or old-age pension system, except in cases where such activities may be carried out by competing financial service providers of public or private communities.

ANNEX IV
Community reserves in accordance with Article 23 paragraph 2
Mining
In some Member States, the exploitation of mining and mineral resources by companies outside the control of the Community may be subject to prior concession.
Fishing
Access to the biological resources and fishing funds in the marine waters that fall under the sovereignty or jurisdiction of the Member States of the Community and their exploitation are reserved for fishing vessels flying the flag of a Member State of the Community and registered in the territory of the Community, unless otherwise provided.
Purchase of land properties
The purchase of land properties by non-community societies is regulated in some Member States.
Audiovisual services, including radio
The national treatment for production and distribution, including broadcasting and other forms of public broadcasting, can be reserved for audiovisual works that meet certain criteria of origin.
Telecommunications services, including mobile and satellite services
Services reserved.
In some Member States, access to the infrastructure and complementary services market is regulated.
Professional services
Services reserved for natural persons from member states. These persons may, under certain conditions, create societies.
Agriculture
The national regime is not applicable, in some Member States, to enterprises outside the control of the Community, who wish to establish an agricultural enterprise. The purchase of vineyards by a company outside the control of the Community is subject to a notification procedure or, where applicable, to an authorization.
Press agencies services
In some 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^er
Definitions
For the purposes of this protocol:
(a) "Custom law": the legal or regulatory provisions applicable to the territories of the parties governing the importation, export, transit of the goods and their placement under any customs regime, including prohibition, restriction and control measures;
(b) "applicant authority": a competent administrative authority that has been designated by a party for that purpose and which makes a request for Customs assistance;
(c) "required authority": a competent administrative authority that has been designated for this purpose by a party and receives a request for Customs assistance;
(d) "personal data": any information relating to an identified or identifiable person.
ARTICLE 2
Scope
1. The contracting parties shall provide mutual assistance in the areas of their competence in the manner and under the conditions provided for in this protocol by preventing and detecting infringements of customs legislation and investigating them.
2. The Customs assistance provided for in this Protocol shall apply to any administrative authority of the competent Contracting Parties for the application of this Protocol. It agrees without prejudice to the rules governing mutual assistance in criminal matters. Similarly, it does not apply to information collected under powers exercised at the request of the judicial authorities, unless the authorities agree.
ARTICLE 3
Assistance on request
1. At the request of the requesting authority, the requested authority shall provide the requested authority with any useful information to it to ensure that customs legislation is properly applied, including information relating to recognized or planned transactions that constitute or are likely to constitute an offence to that legislation.
2. Upon request by the requesting authority, the requested authority shall inform the requesting authority of whether the goods exported from the territory of one of the parties have been regularly brought into the territory of the other party by specifying, where appropriate, the customs regime under which the goods were placed.
3. Upon request by the requesting authority, the required authority shall take, within the framework of its legislation, the necessary measures to ensure that monitoring is exercised on:
(a) natural or legal persons reasonably believed to have committed or committed violations of customs legislation;
(b) sites for the storage of goods to which it is necessary to assume that they will be provided in the course of operations contrary to customs law;
(c) Movements of goods reported as offences under customs law;
(d) means of transport that are reasonably necessary to believe that they have been used or are likely to be used for transactions that constitute an offence to customs legislation.
ARTICLE 4
spontaneous assistance
The parties, in accordance with their legislative and regulatory provisions and other legal instruments, shall provide mutual assistance without prior request if they consider it necessary for the proper application of customs legislation, in particular when they obtain information relating to:
- operations that constitute or appear to constitute an offence under this legislation and may be of interest to another party,
- the new means or methods used to perform these operations,
- goods which have known that they result in an infringement of customs legislation,
- to natural or legal persons reasonably believed to have committed or committed an offence to customs legislation,
- means of transport that are reasonably necessary to believe that they have been used, are used or are likely to be used for operations that constitute an offence to customs law.
ARTICLE 5
Communication, notification
Upon request by the requesting authority, the requested authority shall, in accordance with its legislation, take all necessary measures to:
- communicate all documents and
- notify all decisions
in the area of application of this protocol, to a recipient resident or established in its territory. In these cases, section 6 applies to the extent that the request itself is concerned.
ARTICLE 6
Form and content of requests for assistance
1. Requests made under this Protocol shall be submitted in writing. They are accompanied by the necessary documents to respond to requests. Where the urgency of the situation requires it, requests submitted verbally may be accepted, but must be immediately confirmed in writing.
2. The requests submitted pursuant to paragraph 1 shall be accompanied by the following information:
(a) the requesting authority submitting the application,
(b) the measure required,
(c) the object and purpose of the application,
(d) legislation, rules and other relevant legal elements,
(e) as accurate and complete guidance as possible on individuals or legal entities that are investigated,
(f) a summary of the relevant facts and investigations already carried out, except in the cases provided for in Article 5.
3. Requests are made in an official language of the required authority or in a language acceptable to that authority.
4. If an application does not meet the formal requirements, it is possible to request that it be corrected or completed; However, precautionary measures may be ordered.
ARTICLE 7
Processing of requests
1. In order to respond to a request for assistance, the requested authority shall, within the limits of its jurisdiction and resources, act on its own behalf or at the request of other authorities of the same party, provide the information already available to it and conduct or conduct appropriate investigations. This provision also applies to the administrative service to which the application was made by the requested authority when the requested authority cannot act alone.
2. Requests for assistance are met in accordance with the legislation, rules and other legal instruments of the requested party.
3. Duly authorized officials of a party may, with the agreement of the other party in question and under the conditions provided for by that party, collect, in the offices of the required authority or another authority responsible for that authority, information relating to transactions that constitute or are likely to constitute an offence to the customs legislation required by the requesting authority for the purposes of this protocol.
4. Officials of a party may, with the agreement of the other party, be present in the investigations conducted in the territory of the latter.
ARTICLE 8
Form under which information should be disclosed
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. Documents under paragraph 1^er can be replaced by information on computer support produced in some form for the same purposes.
ARTICLE 9
Derogations to the obligation to provide assistance
1. Parties may refuse to provide assistance under this Protocol if such assistance:
(a) is likely to affect the sovereignty of the Republic of Armenia or that of a Member State to whom assistance has been requested under this Protocol or
(b) is likely to affect public order, security or other essential interests, particularly in the cases referred to in section 10 (2) or
(c) involve tax or exchange regulations other than customs or
(d) implies a breach of an industrial, commercial or professional secret.
2. If the requesting authority seeks assistance that it could not itself provide if requested, it draws attention to this fact in its application. It is then up to the required authority to decide how it must respond to this request.
3. If the assistance is denied, the decision and the reasons that explain it must be notified promptly to the requesting authority.
ARTICLE 10
Exchange of information and obligation to respect secrecy
1. Any information provided in any form pursuant to this protocol shall be confidential or restricted in accordance with the rules applicable in each party. It is covered by professional secrecy and enjoys the protection afforded by the relevant laws by the party that has received it, as well as by the corresponding provisions applicable to community bodies.
2. Personal data may only be exchanged if the party that receives them agrees to protect these data in a manner that is at least equivalent to that applicable to that particular case in the party that provides them.
3. The information collected shall be used only for the purposes of this protocol. When one of the parties wishes to use this information for other purposes, it requests the prior written consent of the authority that provided it. They are also subject to restrictions imposed by that authority.
4. Paragraph 3 does not preclude the use of information in subsequent judicial or administrative actions for non-compliance with customs legislation. The competent authority that provided this information is notified of this use.
5. The parties may report, as evidence, in their minutes, reports and testimonies, and in proceedings and proceedings before the courts, information gathered and documents consulted in accordance with the provisions of this protocol.
ARTICLE 11
Experts and witnesses
1. An officer of a required authority may be authorized to appear, within the limits established by the authorization granted to him, as an expert or witness in the course of judicial or administrative proceedings in the areas covered by this protocol, by the jurisdiction of the other party, and to produce certified objects, documents or copies that are in conformity with those subject to the procedure. The application must state with precision in which case, how and how the agent will be questioned.
2. The authorized officer shall be protected by existing legislation to the agents of the requesting authority in his or her territory.
ARTICLE 12
Support costs
The parties shall waive any claim relating to the reimbursement of costs arising out of the application of this Protocol, except where applicable, in respect of compensation to experts and witnesses, as well as to interpreters and translators who are not public service employees.
ARTICLE 13
Implementation
1. The application of this protocol shall be 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, to the customs authorities of the Member States, on the other. They decide on all necessary measures and practical arrangements for its implementation, taking into account the existing data protection rules. They may propose to the competent bodies the modifications which they believe should be made to the present protocol.
2. The Contracting Parties shall consult and instruct each other of the terms and conditions of application which are adopted in accordance with the provisions of this Protocol.
ARTICLE 14
Complementarity
Without prejudice to Article 10, the mutual assistance agreements between one or more Member States and the Republic of Armenia shall not infringe upon the Community provisions governing the communication between the competent services of the Commission of the European Communities and the customs authorities of the Member States, of any information collected in customs matters which may be of interest to the Community.

Final Act
Plenipotentiaries
of BELGIUM,
of the DANEMARK,
of the GERMANY FEDERAL REPUBLIC,
of the HELLENICAL REPUBLIC,
of the SPANISH,
of the FRENCH REPUBLIC,
IRELAND,
of the ITALIAN REPUBLIC,
of LUXEMBOURG,
ROYAUME DES PAYS-BAS,
of the AUTRICHE REPUBLIC,
of the PORTUGAISE REPUBLIC,
FINLAND REPUBLIC,
SUEDE ROYAUME,
ROYAUME DE GRANDE-BRETAGNE ET D'IRLANDE DU NORD,
Contracting parties to the Treaty establishing the COMMUNAUTE EUROPEENNE, to the Treaty establishing the COMMUNAUTE EUROPEENNE DU CHARBON ET DE L'ACIER and to the Treaty establishing the COMMUNAUTE EUROPEENNE DE L'ENERGIE ATOMIQUE,
below referred to as "member states", and
of the EUROPEAN COMMUNITY, the EUROPEAN COMMUNITY OF CHARBON and the CIER and the EUROPEAN COMMUNITY OF ATOMIC ENERGY,
hereafter referred to as "Community",
on the one hand, and
the Plenipotentiaries of the ARMENIA REPUBLIC,
on the other hand,
gathered in Luxembourg, on the twenty-two April, nine hundred and ninety-six for the signing of the partnership and cooperation agreement establishing a partnership between the European Communities and their Member States, on the one hand, and the Republic of Armenia, on the other hand, below called "agreement", adopted the following texts:
The agreement, including its annexes, and the following protocol:
The protocol on mutual assistance between the administrative authorities in customs matters.
The Plenipotentiaries of the Member States and the Municipality and the Plenipotentiaries of the Republic of Armenia have adopted the following joint statements and attached to this Final Act:
Joint Declaration on Article 4 of the Agreement
Joint Declaration on Article 6 of the Agreement
Joint Declaration on Article 15 of the Agreement
Joint statement on the concept of "control" contained in articles 25 (b) and 36
Joint Declaration on Article 35
Joint Declaration on 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 following exchange of letters attached to this Final Act.
Exchange of letters between the Community and the Republic of Armenia concerning the establishment of societies.
The Plenipotentiaries of the Member States and the Community and the Plenipotentiaries of the Republic of Armenia also took note of the following declaration attached to this Final Act:
Statement by the French Government
COMMUN DECLARATION CONCERNING ARTICLE 4
During the review of the evolution of the circumstances in the Republic of Armenia, as provided for in Article 4, the parties examine important changes that may have a significant impact on the future development of the Republic of Armenia. This could include Armenia's accession to the WTO, the Council of Europe or any other international organization or accession to a regional customs union or any other form of regional integration agreement.
COMMUNICATION CONCERNING ARTICLE 6
If the parties agree that the circumstances warrant the holding of meetings at the highest level, the meetings may be held on a point-by-point basis.
COMMUNICATION CONCERNING ARTICLE 15
Pending the accession of the Republic of Armenia to the WTO, the parties hold consultations in the cooperation committee on their import rights policies, including tariff amendments. These consultations are particularly proposed before the increase in tariff protections.
COMMUNICATION CONCERNING THE NOTION OF "CONTROL" IN ARTICLES 25 (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 to be "controlled" by another company and therefore subsidiary to it if:
- the other company directly or indirectly holds the majority of voting rights, or
- the other company has the right to appoint or terminate a majority of the members of the administrative body, the management body or the supervisory body and if it is at the same time a shareholder or member of the subsidiary.
3. Both parties consider that the criteria set out in paragraph 2 are not exhaustive.
COMMUNICATION CONCERNING ARTICLE 35
The only requirement for a visa for natural persons of certain parties and not others is not deemed to cancel or affect the benefits arising from a specific undertaking.
COMMUNICATION CONCERNING ARTICLE 42
The parties agree that, for the purposes of this agreement, the terms "Intellectual, Industrial and Commercial Ownership" include, in particular, the protection of copyrights and neighbouring rights, including copyrights of computer programs, patent rights, industrial designs and drawings, geographical indications, including the labels of origin, trademarks of products and services, the topographies of integrated circuits as well as the protection against competition
COMMUNICATION CONCERNING ARTICLE 95
1. The parties agree, for the purpose of correct interpretation and practical application of this Agreement, that the terms "particularly urgent cases" in Article 95 of this Agreement shall mean the cases of a substantial violation of this Agreement by one of the parties. A substantial violation of the agreement is
(a) in rejecting this agreement not sanctioned by the general rules of international law or
(b) in the violation of the essential elements of this agreement as reflected 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 action in a particularly urgent case as provided for in Article 95, the other party may appeal to the dispute settlement procedure.

ECHANGE OF LETTERS BETWEEN THE COMMUNITY AND THE REPUBLIC OF ARMENIA CONCERNING SOCIETIES
A. Letter from the Government of the Republic of Armenia
Sir,
I have the honour to refer to the partnership and cooperation agreement set out on 15.XII.1995.
As I pointed out during the negotiations, the Republic of Armenia grants, in some respects, the societies of the Community that establish and operate in the Republic of Armenia a privileged regime. I explained that this measure reflects the desire of the Republic of Armenia to maximize the development of community societies in the Republic of Armenia.
In this regard, I would like to confirm that, during the period extending from the day of this Agreement to the date of entry into force of the corresponding articles relating to the establishment of companies, the Republic of Armenia will not adopt any measures or regulations that, in comparison to the situation existing on the date of the paraphase of this Agreement, would be likely to create discrimination or aggravate existing discrimination against third-party societies in relation to third-party societies.
I should be grateful if you would acknowledge receipt of this letter.
Please accept, sir, the assurance of my highest consideration.
For the government
of the Republic of Armenia
B. Letter from the European Community
Sir,
Thank you for your today's letter reading as follows:
"Mr.,
I have the honour to refer to the partnership and cooperation agreement set out on 15.XII.1995.
As I pointed out during the negotiations, the Republic of Armenia grants, in some respects, the societies of the Community that establish and operate in the Republic of Armenia a privileged regime. I explained that this measure reflects the desire of the Republic of Armenia to maximize the development of community societies in the Republic of Armenia.
In this regard, I would like to confirm that, during the period extending from the day of this Agreement to the date of entry into force of the corresponding articles relating to the establishment of companies, the Republic of Armenia will not adopt any measures or regulations that, in comparison to the situation existing on the date of the paraphase of this Agreement, would be likely to create discrimination or aggravate existing discrimination against third-party societies in relation to third-party societies.
I should be grateful if you would acknowledge receipt of this letter. »
I'm acknowledging receipt of the letter.
Please accept, sir, the assurance of my highest consideration.
On behalf of the European Community

DECLARATION OF THE FRENCH GOVERNMENT
France notes that the partnership and cooperation agreement with the Republic of Armenia does not apply to overseas countries and territories associated with the European Community under the Treaty establishing the European Community.
Done in Luxembourg, the twenty-two April nine hundred and ninety-six.

Letter without agreement from the European Communities and their Member States to the Government of the Republic of Armenia
As a result of the demandation of the Armenian authorities to include in the partnership and cooperation agreement provisions on assistance in the field of nuclear security, the European Communities and their Member States make the following declaration:
- The European Communities and their Member States deplore the decision of the Armenian authorities to reopen Unit 2 of the Medzamor Nuclear Generating Station in November 1995, which they consider non-compliant with the overall objective pursued by the European Communities and their Member States to increase nuclear security in the world, especially in the countries of Central and Eastern Europe and the former Soviet Union which have important nuclear facilities in which defects of conceptions have been identified
- In view of the fact that the Medzamor nuclear power plant cannot be upgraded to the internationally recognized security standards, the European Communities and their Member States consider that it is not suitable for long-term operation and that it must be stopped as soon as possible. As a result, it is extremely important to identify and use alternative energy sources. The Community is ready to support the Armenia in the definition and implementation of a long-term comprehensive energy strategy, in accordance with Article 54 of the partnership and cooperation agreement, through its Tacis programme (in cooperation with international financial institutions),
- Without prejudice to the above-mentioned objective of stopping the nuclear power plant and taking into account the current situation, the Community could consider, at the request of Armenia, the possibility of limited support, consistent with the existing framework of Tacis' resources and priorities for short-term security measures as part of its Tacis technical assistance programme.
These measures would include:
- assistance to the security authorities
- an aid for the safety of exploration
- and, if necessary to ensure the execution of these tasks, the limited supply of essential equipment.
Done in Luxembourg, the twenty-two April nine hundred and ninety-six.

List of related States
For the consultation of the table, see image
This Treaty has not yet entered into force, the date of entry into force will be issued at a later date.