Posted the: 1999-12-02 Numac: 1999015012 Ministry of Foreign Affairs, international trade and international COOPERATION 9 January 1998. -Law approving the partnership and cooperation agreement establishing a partnership between the European communities and their Member States, of the one part, and the Republic of Uzbekistan, of another part, Annexes I, II, III, IV and V, Protocol, and final act, made in Florence on 21 June 1996 (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the agreement of partnership and cooperation establishing a partnership between the European communities and their Member States, of a part, and the Republic of Uzbekistan, of another part, Annexes I, II III IV and V, Protocol, and final act, made made in Florence on 21 June 1996, will come out full and complete effect.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, 9 January 1998.
ALBERT by the King: the Minister for Foreign Affairs, E. DERYCKE sealed with the seal of the State: the Minister of Justice, S. DE CLERCK _ Note (1) 1996-1997 Senate Session: Documents.
-Bill filed on May 22, 1997, no. 1 - 636/1.
Documents. -Report, n ° 1-636/2. -Text adopted in Committee, no 1-636/3.
Parliamentary Annals. -Discussion, meeting of July 16, 1997. -Vote, meeting of 17 July 1997.
Room: Documents. -Draft transmitted by the Senate, no. 49-1142/1. -Report, no. 49-1142/2.
Parliamentary Annals. -Discussion, meeting of November 12, 1997. -Vote meeting of November 12, 1997.
See also the Decree of the French community of 22 December 1997 (Moniteur belge of 15 August 1998), the Decree of the Flemish community / the Flemish Region of 28 April 1998 (Moniteur belge of 6 June 1998), the Decree of the German-speaking community of 20 January 1997 (Moniteur belge of 21 June 1997), the Decree of the Walloon Region from February 5, 1998 (Moniteur belge of 27 February 1998) Order of the Brussels-Capital Region of 17 July 1997 (Moniteur belge of 20 November 1997) and the order of the common Community Commission of the Brussels-Capital Region of 10 December 1998 (Moniteur belge of 4 March 1999).
Partnership and cooperation agreement establishing a partnership between the European communities and their Member States, of one part, and the Republic of Uzbekistan, of the other part. the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the GRAND Duchy of LUXEMBOURG, the Kingdom of the Netherlands, the Republic of Austria , The Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, parties to the Treaty establishing the European Community, the Treaty establishing the European coal and steel and to the Treaty establishing the European Atomic Energy, hereinafter referred to as 'Member States', and the European Community, the Community European of the energy Atomic and the Community European of coal and of the steel hereinafter referred to as 'Community', of the one part, and the Republic of Uzbekistan, on the other hand, whereas the links existing between the community, its Member States and the Republic of Uzbekistan and the common values that they share, recognizing that the community and the Republic of Uzbekistan wish to strengthen those links and to establish partnership and cooperation which deepen and extend relationships previously established between them, notably by the agreement between the Economic Community European and the Community European Atomic Energy and the Union of Soviet Socialist Republics Soviet on trade and commercial and economic cooperation signed on 18 December 1989.
CONSIDERING the wish of the community and its Member States and the Republic of Uzbekistan to strengthen political and economic freedoms which constitute the basis of the partnership, recognizing that in this context, the support of the independence, sovereignty and territorial integrity of the Republic of Uzbekistan contributes to safeguard peace and stability in Central Asia , Considering the desire of the parties to promote peace and security international and the peaceful settlement of disputes and to cooperate to this end in the context of the United Nations and the Organization for security and cooperation in Europe (OSCE), whereas the community, its Member States and the Republic of Uzbekistan 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 in Madrid and Vienna, in the document of the CSCE Bonn Conference on economic cooperation, the Charter of Paris for a new Europe and the "Challenges of change" document of the Helsinki CSCE of 1992, as well as other fundamental documents of the OSCE CONVINCED of the importance of the rule of law and respect for human rights, particularly those of persons belonging to minorities, the establishment of a system based on a multi-party system and free and democratic elections and economic liberalization aimed at establishing a market economy, considering that the implementation of the agreement of partnership and cooperation presupposes and will contribute to the continuation and the fulfillment of the political reforms Economic and legal in the Republic of Uzbekistan as well as factors necessary for cooperation, notably in the light of the conclusions of the CSCE Conference in Bonn, desiring to encourage the process of regional cooperation in the areas covered by this agreement with neighbouring countries to promote prosperity and stability in the region Desiring of establishing and developing regular political dialogue on bilateral, regional and international common interest issues, recognizing and supporting the will of the Republic of Uzbekistan to establish close cooperation with the European institutions, whereas the need to promote investment in the Republic of Uzbekistan, especially in the energy sector, and in this context the importance attached by the community and its Member States to equitable conditions for access to energy products transit and export; confirming the attachment of the community, its Member States and the Republic of Uzbekistan to the European Energy Charter and the full implementation of the Treaty on the Charter on energy and the Protocol of the Charter of the energy efficiency and related environmental aspects, taking account of the will of the community to ensure, as needed economic cooperation and technical assistance, knowing that the agreement may encourage a gradual rapprochement between the Republic of Uzbekistan and a wider area of cooperation in Europe and neighbouring regions, so that its progressive integration into the international system opened, considering that the parties are committed to liberalizing trade, in accordance with the rules of world trade (WTO) Organization and convinced that the accession of the Republic of Uzbekistan to the WTO will further intensify their business relations , Aware of the need to improve conditions affecting trade and investment, as well as the conditions in areas such as the establishment of companies, employment, provision of services and the flow of capital, convinced that this agreement will create between the parties a new climate for their economic relations, including the development of trade and investment, essential for economic restructuring and technological modernization tools , Desiring to establish close cooperation in the field of the protection of the environment, has held the interdependence in this matter between the parties, recognising that cooperation for the prevention and control of illegal immigration is one of the priority objectives of the agreement, desiring to establish a cultural cooperation and develop exchanges of information, are agreed for provisions that following : ARTICLE 1 a partnership is established between the community and its Member States, of one part, and the Republic of Uzbekistan, on the other hand. Its objectives are to: - support the independence and sovereignty of the Republic of Uzbekistan, - support the efforts made by the Republic of Uzbekistan to consolidate its democracy, develop its economy and to complete its process of transition to a market economy, - provide an appropriate framework for the political dialogue between the parties allowing the development of political ties between them -to promote trade and investment and harmonious economic relations between the parties in order to foster their sustainable economic development, - lay the foundations for cooperation in areas of legislative, economic, social, financial, civil scientific technological and cultural cooperation, help to build, in the Republic of Uzbekistan, of a civil society based on the principle of the rule of law.
TITLE I ARTICLE 2 General principles
Respect for democracy, principles of international law and of human rights including enshrined the Charter of Nations United, the final act of Helsinki and the Charter of Paris for a new Europe, as well as of the principles of the market economy, including statements in the documents of the CSCE Bonn Conference, inspire the domestic and external policies of the parties and constitutes an essential element of the partnership and this agreement.
ARTICLE 3 the parties consider it essential to their well-being and their future stability that the newly independent States emerged from the dissolution of the Union of Soviet Socialist Republics, hereinafter called "Independent States", maintain and develop their cooperation in accordance with the principles of the final act of Helsinki and international law, as well as good-neighbourly relations, and unite their efforts to encourage this process.
Title II DIALOGUE policy ARTICLE 4 a regular political dialogue is established between the parties, that they intend to develop and strengthen. He accompanied and consolidates the approximation of the community and the Republic of Uzbekistan, supporting the political and economic changes underway in that country and helps to create new forms of cooperation. Political dialogue:-will strengthen the links of the Republic of Uzbekistan with the community and its Member States, and thus with the community of democratic nations.
The economic convergence achieved through this agreement will lead to an intensification of political relations;
-will result in an increasing convergence of positions on international issues of mutual concern thus increasing security and stability in the region;
-provide that parties shall endeavour to cooperate in areas concerning the respect for the principles of democracy and the respect, protection and promotion of human rights, and in particular those of persons belonging to minorities and to consult, if necessary, on relevant issues.
This dialogue can take place on a regional basis.
ARTICLE 5 at ministerial level, political dialogue takes place within the cooperation Council established in article 78 or on other occasions, on mutual agreement.
ARTICLE 6 other procedures and mechanisms for political dialogue are implemented by the parties, including in the following forms:-regular meetings of senior officials representing the community and its Member States, of one part, and the Republic of Uzbekistan, on the other;
-full use of diplomatic channels between the parties, including contacts appropriate within a framework bilateral or multilateral, on occasion e.g. meetings of the United Nations, the OSCE or in other fora
-any other means, such as meetings of experts, likely to contribute to consolidate and develop the political dialogue.
ARTICLE 7 political dialogue at parliamentary level takes place within the Parliamentary Commission for cooperation set up in accordance with article 83.
TITLE III TRADE IN GOODS ARTICLE 8 1. The parties shall agree on the treatment of the most-favoured-nation for everything concerning: - customs duties and taxes, import and export, including the collection of duty and taxes, - the provisions relating to customs clearance, transit, warehouses and transhipment, - taxes and other internal charges of any kind applied directly or indirectly to imported goods - methods of payment and the transfer of such payments, - the rules governing the sale, purchase, transport, distribution and use of goods on the internal market.
2. the provisions of paragraph 1 shall not apply: a) advantages granted with the aim of creating a customs union or a free trade area or resulting from the creation of such a union or area;
(b) to the advantages granted to certain countries in accordance with the rules of the WTO and other international arrangements in favour of developing countries;
(c) advantages granted to neighbouring countries to facilitate frontier traffic.
3. the provisions of paragraph 1 shall not apply during a transitional period expiring on the date of the accession of the Republic of Uzbekistan to the WTO or on 31 December 1998, the date taken into account being that of the nearest event, benefits as defined in annex I granted by the Republic of Uzbekistan to other States, born from the dissolution of the USSR.
ARTICLE 9 1. The parties agree that the principle of freedom of transit of goods is an essential condition for the achievement of the objectives of this agreement.
In this regard, each Party shall guarantee the transit without restrictions, via or through its territory of goods originating in the customs territory or destined for the customs territory of the other party.
2. the rules referred to in article V, paragraphs 2, 3, 4, and 5 of the GATT are applicable between the two parties.
3. the rules contained in this article are without prejudice to any other special rules agreed between the parties and relating to specific sectors, in particular transport, or to products.
ARTICLE 10 without prejudice to the rights and obligations arising from the international conventions on the temporary admission of goods which bind both parties, each party grants to the other party exemption from the duties and taxes of importation on goods admitted temporarily, in the cases and according to the procedures stipulated by any other international convention in this field that binds it, in accordance with its legislation.
Account will be taken of the conditions under which the obligations stemming from such a convention have been accepted by the party in question.
ARTICLE 11 1. Goods originating in the Republic of Uzbekistan are imported into the community outside of any quantitative restriction or measure having equivalent effect, without prejudice to the provisions of articles 13, 16 and 17 of this agreement.
2. goods originating in the community are imported into the Republic of Uzbekistan outside any quantitative restriction or measure having equivalent effect, without prejudice to the provisions of articles 13, 16 and 17 of this agreement.
ARTICLE 12 the goods are exchanged between the parties at market prices.
ARTICLE 13 1. Where imports of a product given the territory one of the parts increase in proportions or conditions that they cause or are likely to cause injury to domestic producers of like or directly competitive products, the community or the Republic of Uzbekistan, as the case may be, may take appropriate measures under the conditions and according to the following procedures.
2. in taking measures or, as soon as possible, in the case of application of paragraph 4, the community or the Republic of Uzbekistan, as the case may be, provides for the cooperation Council all relevant information with a view to seeking a solution acceptable to both parties, as provided for under Part XI.
3. If, following the consultations, the parties do not reach an agreement within 30 days of referral to the cooperation Council, about the actions to be taken to remedy the situation, the party having requested the consultations is free to restrict imports of the products concerned to the extent and for the period necessary to prevent or remedy the injury , or to adopt other appropriate measures.
4. in critical circumstances, where delay would cause damage difficult to repair, the parties may take the measures before the consultations, provided that consultations are offered immediately after the adoption of these measures.
5. in the choice of measures to be taken to the title of this article, the parties give priority to those which disturb least the achievement of the objectives of this agreement.
6. no provision of this article does not prejudice or affect in any way the adoption, by either party, of anti-dumping measures or compensatory in accordance with article VI of the GATT, the agreement on implementation of article VI of the GATT, the agreement on interpretation and application of articles VI, XVI and XXIII of the GATT or its corresponding domestic legislation.
ARTICLE 14 the parties undertake to adjust the provisions of the agreement on their trade of goods depending on the circumstances, in particular the situation resulting from the accession of the Republic of Uzbekistan to the WTO. The cooperation Council may make to the address of the parts of the recommendations on the adjustments, which, if accepted, may be implemented by agreement between the parties, in accordance with their respective procedures.
ARTICLE 15 this agreement does not prevent the prohibitions or restrictions on import, export or transit, justified on grounds of public morality, of public order, public safety, protection of health and life of persons and animals or preservation of plants, protection of natural resources, for the protection of national treasures possessing artistic value historical or archaeological or protection of intellectual, industrial and commercial property or rules to gold and silver. However, such prohibitions or restrictions must constitute neither a means of arbitrary discrimination nor a disguised restriction
in the trade between the parties.
ARTICLE 16 this title does not apply to trade in textile products falling within chapters 50 to 63 of the combined nomenclature. Trade in these products are governed by a separate, initialled on 4 December 1995 and applied provisionally since 1 January 1996 agreement.
ARTICLE 17 1. Trade in products covered by the Treaty establishing the European coal and Steel Community are governed by the provisions of this title, with the exception of article 11.
2. it is established a contact group on issues related to the coal and steel, composed of representatives of the community, on the one hand, and of representatives of the Republic of Uzbekistan, on the other hand.
This contact group regularly exchange information on all matters relating to coal and steel interesting parties.
ARTICLE 18 the trade of nuclear material is subject to the provisions of a specific agreement to be concluded between the European Atomic Energy Community and the Republic of Uzbekistan.
TITLE IV PROVISIONS RELATING TO TRADE AND INVESTMENT CHAPTER I CONDITIONS RELATING TO EMPLOYMENT SECTION 19 (1). Subject to the laws, conditions and procedures applicable in each Member State, the community and the Member States shall endeavour to ensure that legally employed in the territory of a Member State, nationals of the Republic of Uzbekistan are the object of any discrimination based on nationality, as regards working conditions, remuneration or dismissal, compared to nationals of that Member State.
2. in subject to the laws, conditions and procedures applicable in the Republic of Uzbekistan, the Republic of Uzbekistan shall endeavour to ensure that workers who are nationals of a Member State legally employed in the territory of the Republic of Uzbekistan are the subject of any discrimination based on nationality, as regards conditions of work, remuneration or dismissal, compared to its own nationals.
ARTICLE 20 the Commission of cooperation examines improvements that can be made to the working conditions of business in accordance with the international commitments of the parties, particularly those identified in the document of the CSCE Bonn Conference.
ARTICLE 21 the cooperation Council provides recommendations for the implementation of articles 19 and 20.
CHAPTER II CONDITIONS FOR THE ESTABLISHMENT AND ACTIVITY OF COMPANIES ARTICLE 22 1. The community and its Member States agreed the establishment of Uzbek companies, as defined in article 24 item d), treatment no less favourable than that accorded to companies of a third country.
2. without prejudice to the reservations listed in annex II, the community and its Member States give to subsidiaries of Uzbek companies established on their territory treatment no less favourable than that accorded to Community companies, in relation to their exploitation.
3. the community and its Member States reserve branches of Uzbek companies established on their territory treatment no less favourable than that accorded to branches of companies of a third country, with respect to their operation.
4. without prejudice to the reservations listed in annex III, the Republic of Uzbekistan attaches to the establishment of Community companies as defined in article 24 item d), treatment no less favourable than that accorded to the Uzbek companies or companies of a third country, if this one is better.
5. the Republic of Uzbekistan grants to subsidiaries or branches of Community companies established in its territory a treatment less favourable than that accorded to its own companies or branches or to companies or branches of a third country, if this one is better, with regard to their exploitation.
ARTICLE 23 1. The provisions of article 22 shall not apply to air, River and sea transport.
2. However, with respect to the following activities maritime agencies providing international maritime transport services, including intermodal transport operations comprising marine part, each party will permit the companies of the other party to have a commercial presence in its territory in the form of subsidiaries or branches, under conditions of establishment and activity no less favorable than those accorded to its own companies or to subsidiaries or branches of companies of a country third, if they are better.
3. these activities include, without limitation: has) the marketing and sale of maritime transport and services services by direct contact with customers, the price offer to the establishment of the invoice, that these services are made or offered by the provider service itself or by service suppliers with which the seller of services established permanent trade agreements;
b) purchase and use, on their own behalf or on behalf of their customers (and the resale to their customers) of any service of transport or annex, including domestic transport services by any mode whatsoever, including transport River, road and rail, necessary for the supply of a service integrated;
(c) the preparation of transport documents, customs documents, or any other document relating to the origin and the nature of the goods carried;
d) the provision of business information by any means, including computerized systems and the exchange of electronic data (subject to non-discriminatory restrictions concerning telecommunications);
e) the establishment of a business arrangement, including participation in the share capital of the company and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the relevant provisions of this Agreement), with other marine agencies established on-site;
f) the Organization, on behalf of the companies of the call of the vessel or the taking over cargoes when required.
ARTICLE 24 for the purposes of this agreement, means: a) "Community company" or "Uzbek company' respectively: a company incorporated in accordance with the legislation of a Member State or the Republic of Uzbekistan and having its registered office, central administration or principal place of business in the territory of the community or the Republic of Uzbekistan. However, if the company, incorporated in accordance with the legislation of a Member State or the Republic of Uzbekistan has its registered office on the territory of the community or the Republic of Uzbekistan, it will be treated as a Community company or a Uzbek society if its activity has an actual and continuous link with the economy of one of the Member States or of the Republic of Uzbekistan respectively.
(b) "subsidiary" of a company: a company effectively controlled by the first.
(c) "branch" of a company: an establishment with no legal personality which has the appearance of permanency, such as the extension of a parent body, has a management and clean and is equipped materially to negotiate business with third parties so that the latter, although knowing that there will be, if necessary, a legal parent relation, whose seat is abroad are not required to deal directly with it, but can perform business transactions instead of the institution constituting the extension.
(d) "establishment": the right of community or Uzbek companies defined in item has) access to economic activities through the creation of subsidiaries and branches in the Republic of Uzbekistan or in the community respectively.
(e) ' operation': exercising an economic activity.
(f) ' economic activities': industrial and commercial activities as well as the liberal professions.
With regard to international maritime transport, including intermodal operations involving a sea journey, enjoy also the provisions of this chapter and chapter III, nationals of Member States or the Republic of Uzbekistan, established outside the community or the Republic of Uzbekistan respectively, and shipping companies established outside the community or the Republic of Uzbekistan and controlled by nationals of a Member State or of the Republic of Uzbekistan If their vessels are registered in that Member State or in the Republic of Uzbekistan in accordance with their respective laws.
ARTICLE 25 1. Notwithstanding any other provision of this agreement, it is not obstacle to adoption by a part of prudential measures, especially to ensure the protection of investors, depositors, policy holders of insurance or the "settlors", or to preserve the integrity and stability of the financial system. When these measures are not in accordance with the provisions of this agreement, they can be used to escape the obligations of a party under this agreement.
2. no provision of this Agreement shall be construed to require a party to disclose information relating to the Affairs and accounts of individual customers or any confidential or protected in the possession of public institutions.
3. for the purposes of this agreement, means "financial services" means those activities described in annex IV.
ARTICLE 26 the provisions of this agreement are without prejudice to the application by each party of any measure
needed to avoid the measures it has taken concerning third-country access to its market to be circumvented through the provisions of this agreement.
ARTICLE 27 1. Notwithstanding the provisions of chapter I of this title, a Community company or a Uzbek company established in the territory of the Republic of Uzbekistan or the community respectively has the right to employ or have employed by one of its subsidiaries or branches, in accordance with the legislation in force in the country of host institution, in the territory of the Republic of Uzbekistan and the community respectively nationals of the States members of the community and the Republic of Uzbekistan, provided that these persons form part of base personnel defined in paragraph 2 of this article and that they be exclusively employed by these companies or branches. The permit of stay and work of these people cover only the period of employment.
(2. the core staff of the companies mentioned above, hereinafter referred to as "firms", is composed of "persons transferred between companies" as defined in point c) and belonging to the categories, provided that the firm has a legal personality and that the persons concerned have been employed by this firm or have been partners of this firm (other than majority shareholders) for at least one year before this transfer (: a) of executives of a firm whose main function is to manage the establishment, under the control or the Directorate-General of the Board of directors or the shareholders or their equivalents, their function consisting of: - directing the establishment or service or a section of the school - monitor and control the work of other employees exercising functions of supervisory, management or technical functions - hire or dismiss or recommend hire or dismiss staff or take other measures concerning staff, by virtue of powers conferred on them.
(b) persons employed by a firm, possessing exceptional competencies concerning the service, research equipment, technologies, or management of the institution. The assessment of such knowledge may be, besides on knowledge specific to the establishment, on the high level of skills for a type of work or activity requiring specific technical knowledge, including membership of an accredited profession.
(c) "person transferred between undertakings" is defined as a natural person working for a firm in the territory of a party and transferred temporarily in the context of the exercise of economic activities on the territory of the other party; the firm concerned must have its principal place of business in the territory of a party and the transfer be to an establishment (branch, subsidiary) of that organisation, effectively pursuing like economic activities in the territory of the other party.
ARTICLE 28 1. The parties shall endeavour as far as possible to avoid taking measures or actions making the conditions of establishment and operation of their companies more restrictive than they were the day before the date of signature of this agreement.
2. the provisions of this article shall be understood without prejudice to those of article 36: the situations covered by article 36 are governed solely by the provisions of this article except for any other provision.
3. acting in the spirit of partnership and cooperation and in the light of the provisions of article 42, the Government of the Republic of Uzbekistan shall inform the community of its intention to propose new legislation or adopt new regulations which may render the conditions of establishment or operation in the Republic of Uzbekistan of branches and subsidiaries of Community companies more restrictive than they were the day before the date of signature of this agreement.
The community may request the Republic of Uzbekistan to communicate draft laws or regulations and to initiate consultations on this subject.
4. where new legislation or regulations introduced in the Republic of Uzbekistan may make the conditions of operation of branches and subsidiaries of Community companies established in the Republic of Uzbekistan more restrictive than they were the day of the signing of this agreement, these laws or respective regulations shall not apply during three years following the entry into force of the Act in question to subsidiaries and branches already established in the Republic of Uzbekistan at the time of the entry into force
of this Act.
CHAPTER III BENEFITS TRANSBOUNDARY SERVICES BETWEEN THE COMMUNITY AND THE REPUBLIC OF UZBEKISTAN ARTICLE 29 1. The parties undertake, in accordance with the provisions of this chapter to take the necessary measures to gradually allow the provision of services by community or Uzbek companies which are established in one party other than that of the recipient of services, taking into account the evolution of the service sector in both parties.
2. the cooperation Council made the necessary recommendations to the implementation of paragraph 1.
ARTICLE 30 the parties shall cooperate to develop a services sector obeying the laws of the market in the Republic of Uzbekistan.
ARTICLE 31 1. With regard to international maritime transport, the parties undertake to apply effectively the principle of free access to the market and traffic on a commercial basis.
(a) the above provision is without prejudice to rights and obligations under the United Nations convention on a code of conduct for liner conferences applicable to one or other of the parties to this agreement. Non-conference companies are free to act in competition with a conference as long as they adhere to the principle of fair competition on a commercial basis.
(b) the parties affirm their adherence to the principle of free competition for trade in bulk, dry and liquid.
2. in applying the principles of paragraph 1, parties: has) refrain to apply from the entry into force of this agreement, the terms of cargo-sharing of bilateral agreements between a Member State of the community and the former Soviet Union;
(b) refrain from introducing the opportunity to participate in bilateral future agreements with third countries, the terms of cargo-sharing, except in exceptional circumstances where companies of navigation from one or the other party to this agreement would not, otherwise, actually to the traffic to and from the third country concerned;
c) prohibit in future bilateral agreements, the clauses of cargo-sharing concerning bulk, dry and liquid;
d) abolish, upon the entry into force of this agreement, all unilateral measures, administrative, technical and other obstacles which could have restrictive or discriminatory effects on the free provision of services in international maritime transport.
Reciprocal section 32 in order to ensure a coordinated development of transport between the parties, adapted to their commercial needs, the conditions of access to the market and to the provision of transport by road, rail and inland waterway services and, where appropriate, air transport, may be subject to specific agreements that will be negotiated between the parties after the entry into force of this agreement.
CHAPTER IV GENERAL PROVISIONS ARTICLE 33 1. The provisions of this title apply subject to limitations justified on grounds of public policy, public security or public health.
2. they do not apply to activities which in the territory of one or the other party, are related, even occasionally, with the exercise of public power.
ARTICLE 34-the purpose of this title, nothing in this Agreement shall preclude the application, by the parties of their laws and regulations regarding entry and stay, employment, the working conditions, establishment of natural persons and the provision of services, provided that no en are not reduced to nil or compromise the benefits one of the parts of a specific provision of this agreement. This provision shall be without prejudice to the application of section 34.
ARTICLE 35 companies controlled or owned jointly by Uzbek companies and community companies, also benefit from the provisions of chapters II, III and IV.
ARTICLE 36 the treatment given, since the day preceding one month the date of entry into force of the relevant obligations of the general agreement on trade in services (GATS), by one of the parties to the other party under this agreement is certainly not more favourable, in respect of sectors or measures covered by the GATS than that accorded by this first part in accordance with the provisions of GATS and this, regardless of the sector, sub-sector or mode of service delivery.
ARTICLE 37 for the purposes of chapters II, III and IV, it is not taken into account of the treatment accorded by the community, its Member States or the Republic of Uzbekistan pursuant to commitments entered into in economic integration agreements in accordance with the principles of article V of GATS.
1. the most-favoured-nation treatment granted in accordance with the provisions of this title shall not apply to the tax advantages which the parties agree or agree in the future on the basis of agreements to avoid double taxation or other tax arrangements.
2. no provision of this title shall be construed to prevent the adoption or enforcement by the parties of a measure aimed at preventing tax evasion pursuant to the tax provisions of agreements to avoid double taxation and other tax arrangements, or domestic tax law.
3. nothing in this title shall be construed to prevent Member States or the Republic of Uzbekistan of distinguishing, in the application of the relevant provisions of their fiscal legislation, between taxpayers who are not in identical situations, in particular as regards their place of residence.
ARTICLE 39 without prejudice to article 27, no provision of chapters II, III and IV is interpreted as giving the right to:-nationals of Member States or of the Republic of Uzbekistan to enter, or stay in the territory of the Republic of Uzbekistan or the community respectively in any capacity whatsoever, and particular as shareholders or partners of a company or managers or employees of this company or service providers or recipients of services;
-branches or community subsidiaries of Uzbek companies to employ or to use on the territory of the Community nationals of the Republic of Uzbekistan;
-branches or Uzbeks subsidiaries of Community companies to employ, or to use the territory of the Republic of Uzbekistan of nationals of the Member States;
-Uzbek companies or branches or subsidiaries community Uzbekistani to Uzbek nationals responsible to act on behalf and under the control of other persons by temporary employment contracts;
-Community companies or subsidiaries or Uzbeks branches of Community companies to supply workers who are nationals of the Member States under temporary employment contracts.
CHAPTER V CURRENT PAYMENTS AND CAPITAL ARTICLE 40 1. The parties undertake to authorize, in a currency freely convertible, all current payments between residents of the community and the Republic of Uzbekistan which are related to the movement of goods, services or persons made pursuant to this agreement.
2. in regard to transactions covered by the balance of capital operations, the parties provide from the entry into force of this agreement, the free movement of capital relating to direct investments made in companies formed in accordance with the legislation of the host country and investments made in accordance with the provisions of chapter II, and the liquidation or repatriation of the product of these investments and of any benefit therefrom.
3. without prejudice to paragraph 2 or to paragraph 5, the parties shall refrain from the entry into force of this agreement, to introduce new restrictions of change affecting the movement of capital and current payments against these movements between residents of the community and the Republic of Uzbekistan and to make the existing arrangements more restrictive.
4. the parties shall consult to facilitate the circulation of types of capital other than those referred to in paragraph 2 above between the community and the Republic of Uzbekistan to promote the objectives of this agreement.
5. on the basis of the provisions of this article, until full convertibility of the currency of the Republic of Uzbekistan within the meaning of article VIII of the Statute of the international monetary Fund (IMF) has not been established, the Republic of Uzbekistan may, in exceptional circumstances, apply Exchange restrictions related to the granting or obtaining financial credits to short and medium term to the extent that these restrictions imposed for the granting of such credits and are permitted according to his status within the IMF. The Republic of Uzbekistan apply these restrictions in a non-discriminatory manner. These restrictions must disrupt the less possible the functioning of this agreement. The Republic of Uzbekistan shall promptly inform the cooperation Council of the adoption of such measures and of any changes it might make.
6. without prejudice to paragraphs 1 and 2, where, in circumstances exceptional, the free movement of capital between the community and the Republic of Uzbekistan causes, or may cause, serious difficulties for the operation of the policy change or the monetary policy of the community or of the Republic of Uzbekistan, the community and the Republic of Uzbekistan, respectively may take safeguard measures with regard to movements of capital between the community and the Republic of Uzbekistan for a period not exceeding six months if such measures are strictly necessary.
CHAPTER VI PROTECTION OF INTELLECTUAL PROPERTY, INDUSTRIAL AND COMMERCIAL ARTICLE 41 1. In accordance with the provisions of this article and of annex V, the Republic of Uzbekistan 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 Uzbekistan adheres to the multilateral conventions on intellectual, industrial and commercial property referred to in annex V, paragraph 1 to which Member States are parties or which are applied de facto by the Member States in accordance with the relevant provisions of these conventions.
TITLE V COOPERATION IN MATTERS LEGISLATIVE ARTICLE 42 1. The parties recognise that an important condition for strengthening the economic links between the Republic of Uzbekistan and the community is the approximation of the existing and future legislation of the Republic of Uzbekistan with the community. The Republic of Uzbekistan makes every effort to ensure that its legislation is gradually made compatible with Community legislation.
2. the approximation of laws extends in particular to the following areas: legislation customs, law societies, law on banking and other financial services, accounting and corporate taxation, intellectual property, protection of workers at the workplace, rules on competition, including any related issues and practices affecting trade, public procurement, protection of health and life of humans and animals and plant environment, consumer protection, indirect taxation, rules and technical standards, laws and regulations in nuclear, transportation and telecommunications.
3 the Community shall provide to the Republic of Uzbekistan technical assistance for the implementation of these measures, which may include: - the exchange of experts, - the provision of timely information, including relevant legislation - the Organization of seminars, - the training of individuals associated with the development and implementation of legislation, - help for the translation of Community legislation in the sectors concerned.
4. the parties agree to examine ways to apply their respective competition laws in a manner concerted where trade between them is affected.
TITLE VI ECONOMIC SECTION 43 (1) COOPERATION. The community and the Republic of Uzbekistan shall establish economic cooperation aimed at contributing to the process of reform and economic recovery and sustainable development of the Republic of Uzbekistan.
This cooperation strengthens existing economic ties in the interest of both parties.
2. policies and other measures to promote economic and social reforms and restructuring of the economic and trade systems in the Republic of Uzbekistan and inspired by the principles of sustainability and harmonious social development; They also fully incorporate environmental considerations.
3. at this end, cooperation focuses on economic and social development, human resources development, support for enterprises (privatization, investment and development of financial services including) agriculture and food, energy and civil nuclear safety, transport, tourism, postal services and telecommunications, environmental protection and regional cooperation.
4. Special attention is given to measures to promote regional cooperation.
5. where appropriate, economic cooperation and other forms of cooperation provided for in this agreement may be supported by assistance from the community, taking into account the Community Council Regulation applicable to technical assistance in the independent States, the priorities agreed upon in the indicative programme for technical assistance from the community to the Republic of Uzbekistan and the procedures
coordination and implementation which are fixed.
ARTICLE 44 Cooperation in the field of trade of goods and services the parties shall cooperate to ensure the compliance of the international trade of the Republic of Uzbekistan with the WTO rules.
This cooperation shall include specific areas having a direct connection with the facilitation of trade, in particular to assist the Republic of Uzbekistan to align its legislative and regulatory provisions on the rules of the WTO and as complete as possible of the conditions of membership in this organization. These areas include: - the formulation of a policy on trade and issues related to trade, including payments and compensation mechanisms, - preparation of the relevant legislation, section 45 Industrial Cooperation 1.
The cooperation aims in particular at promoting: - the development of business links between economic operators of both parties, - the participation of the community in the efforts of the Republic of Uzbekistan to restructure its industry, - the improvement of the management -, the improvement of the quality of industrial products, - the development of a capacity of production and satisfactory transformation in the sector of raw materials , - the establishment of rules and appropriate business practices, including the commercialization of products, - the protection of the environment -, conversion of the arms industries, - training of management personnel.
2. the provisions of this article are without prejudice to the application of the Community competition rules to undertakings.
ARTICLE 46 Promotion and protection of investments 1. In the respect of the respective powers and competences of the community and its Member States, the cooperation aims to create an enabling environment for investment, both domestic and foreign, especially through better conditions for investment protection, the transfer of capital and exchange of information on investment opportunities.
2. the objectives of cooperation include: - the conclusion, where appropriate, between the Member States and the Republic of Uzbekistan, of agreements for the promotion and protection of investments - the conclusion, where appropriate, between the Member States and the Republic of Uzbekistan, of agreements to avoid double taxation, - the creation of favourable conditions for attracting foreign investment in the Uzbek economy - the establishment of laws and trade conditions stable and adequate, and the exchange of information on laws, regulations and administrative practices in the field of investments, - exchange of information on the investment opportunities in the framework, among other things, trade fairs, exhibitions, trade weeks and other events.
ARTICLE 47 procurement the parties shall cooperate to promote open competition in procurement the procurement of goods and services, including through competitive bidding.
ARTICLE 48 Cooperation in the field of standards and the assessment of conformity 1. Cooperation between the parties aims to encourage alignment with the criteria, principles and international guidelines followed in quality, to facilitate mutual recognition in the field of conformity assessment, as well as to improve the quality of Uzbek products.
2. at this end, the parties shall endeavour to cooperate in technical assistance projects to: - promote appropriate cooperation with organisations and institutions specialised in these fields, - promote the use of the technical rules of the community and the application of standards and the European conformity assessment procedures, - promote the sharing of experience and technical information of quality management.
ARTICLE 49 mining and raw material 1.
The parties aim at increasing investment and trade in mining and raw materials sector.
2. cooperation focuses in particular on the following areas: - the exchange of information on developments in the mining sector and the sector of ferrous metals, - the establishment of a legal framework for cooperation -, trade issues, – the adoption and implementation of legislative measures in the field of the protection of the environment – training, – the safety in the mining industry.
ARTICLE 50 Cooperation in the field of science and technology 1. The parties shall promote, in their mutual interest, cooperation in the field of civil scientific research and technological development, and taking into account available resources, adequate access to their respective programmes, subject to an effective and sufficient protection of intellectual, industrial and commercial property rights.
2. the science and technology cooperation covers in particular:-the exchange of scientific and technological information, - joint research and development activities - training activities and programs of mobility for scientists, researchers and technicians of both parties working in the field of research and technological development.
Where this cooperation takes place in the context of activities related to education and/or training, it must comply with the provisions of article 51.
On the basis of a mutual agreement, the parties may engage in other forms of cooperation in science and technology.
Under these cooperation activities, special attention is given to the redeployment of scientists, engineers, researchers and technicians who participate or have participated in research and/or the production of weapons of mass destruction.
3. cooperation at the title of this article is implemented according to specific arrangements be negotiated and concluded in accordance with the procedures adopted by each party, which shall establish, inter alia, provisions appropriate intellectual, industrial and commercial.
ARTICLE 51 Education and training 1.
The parties shall cooperate with a view to raising the level of general education and professional qualifications in the Republic of Uzbekistan, in the public and private sectors.
2. cooperation focuses in particular on the following areas:-the increase in systems of higher education and training in the Republic of Uzbekistan, including the system of certification of higher education and graduates of higher education institutions, - the training of managers and officials of the public and private sectors in priority to determine areas -, cooperation between the educational institutions and between educational institutions and businesses , - mobility for teachers, graduates, administrators, young scientists and researchers, as well as young people, - the promotion of appropriate institutions European studies, - the teaching of Community languages, - the post-graduate training of conference interpreters -, the training of journalists, - the training of trainers.
3. the possible participation of a party to the various programmes of education and training of the other party may be considered in accordance with their respective procedures and, where appropriate, institutional frameworks and cooperation programmes are then established as a follow-up to the participation of the Republic of Uzbekistan to the community TEMPUS programme.
ARTICLE 52 Agriculture and agribusiness in this area, cooperation aims to promote agrarian reform, the modernisation, privatisation and the restructuring of agriculture, the agro-industrial sector and the services sector in the Republic of Uzbekistan to develop domestic and international markets for Uzbek products, in conditions which ensure the protection of the environment, taking into account the need to improve the safety of the food supply the development of agro-industrial complex, processing and distribution of agricultural products. The parties are also aimed at gradually closer community Uzbek standards of technical regulations concerning industrial and agricultural food products including sanitary and phytosanitary standards.
ARTICLE 53 energy 1. The cooperation is part of the principles of the market economy and of the European Charter of energy and develops in the prospect of a gradual integration of the markets of energy in Europe.
2. cooperation focuses especially on the formulation and development of an energy policy. It is inter alia on the following areas: - improving the management and regulation of the sector of energy under a market economy, - the improvement of energy supply, including security of supply, a way economically and ecologically sound, - the promotion of economies of energy and energy efficiency and the implementation of the Protocol to the Charter of energy on energy efficiency and related environmental aspects , - the modernization of energy infrastructure, - the improvement of technologies of supply and end-use regardless of the type of energy, - management and technical training in the energy sector,
-transportation and transit of energy and energy materials, - the achievement of a set of conditions institutional, legal, fiscal and other measures to promote trade and energy investments, - the development of waterpower resources and other renewable energy sources.
3. the parties shall exchange relevant information on investment projects in the sector of energy, particularly as regards the production of energy resources and the construction and restoration of pipelines and gas pipelines or other means of transporting energy products. They attach particular importance to cooperation on investments in the energy sector and the way in which they are regulated. They cooperate to an also effective implementation as possible of the provisions of title IV and article 46, with regard to investments in the energy sector.
ARTICLE 54 environmental and human health 1. In the spirit of the Charter European energy, statements of the conference Lucerne 1993 and the conference of Lucerne in October 1995, and taking into account the Charter Treaty energy, and especially article 19 thereof, and the Charter's Protocol on energy on energy efficiency and related environmental aspects, the parties develop and strengthen their cooperation in the field of the environment and human health.
2. cooperation is aimed at combating the deterioration of the environment, and covers inter alia:-effective pollution monitoring and environmental assessment;
a system of information on the State of the environment, - combating local, regional and transboundary pollution of air and water, - the rehabilitation of the environment -, production and consumption sustainable, efficient and ecological energy -, the safety of industrial installations, - the classification and the safe handling of chemical substances - the quality of the water, - the reduction, recycling and the proper disposal of waste , the implementation of the Basel convention, - the impact of agriculture on the environment;
the soil erosion; chemical pollution, - the protection of forests -, the preservation of biodiversity and protected areas as well as the sustainable use and management of biological resources, - the development of the territory, including construction and urban planning -, the use of economic and fiscal instruments, - the evolution of global climate, - education and environmental awareness - implementation of the Espoo convention on environmental impact assessment in a transboundary context.
3. the cooperation shall include the following areas: – planning in view of disasters and other emergency situations, – exchange of information and experts, including transfer of technologies to use sere clean and ecological biotechnology, - joint research activities, - adaptation of the laws on the basis of community standards -, cooperation at the regional level, including in the framework of the Agency European environment , and international - development of strategies, in particular with regard to global and climatic issues, as well as the achievement of sustainable development - environmental impact studies.
4. the parties shall endeavour to develop their cooperation on questions relating to health, in particular through technical assistance for the prevention of infectious diseases and the fight against these diseases and for the protection of mothers and young children.
ARTICLE 55 transport the parties develop and strengthen their cooperation in the field of transport.
This cooperation aims, inter alia, to restructure and to modernize systems and the transport networks in the Republic of Uzbekistan; to develop and to ensure, as appropriate, the compatibility of systems of transport in the context of globalization; to identify and develop priority projects and strive to attract the investment needed to achieve them.
Including door cooperation: - the modernisation of management and operations of road transport, the railways, ports, airports, and urban passenger transport networks, - modernization and development of road, rail, port and airport infrastructures and waterways, including the modernisation of major routes of common interest and links transeuropéennes for the aforementioned modes , particularly those concerning the TRACECA project,-the promotion and the development of multimodal transport, - the promotion of 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 sector of transport, ARTICLE 56 Postal Services and telecommunications in the context of their powers and skills respective , the parties extend and strengthen cooperation in the following areas: - the establishment of policies and guidelines for the development of the telecommunications sector and postal services, - the formulation of the principles of tariff policy and marketing of telecommunications and postal services, - the transfer of technology and know-how, particularly in what concerns technical European standards and certification systems , - encouraging the development of projects in telecommunications and postal services, and the attraction of investments, - improving the efficiency and quality of services of telecommunications and postal services, inter alia by the liberalisation of the activities of subsectors, - advanced application of telecommunications, particularly in the area of electronic funds transfer - the management of telecommunications networks and their optimization - the definition of a regulatory basis appropriate for the provision of telecommunications services and postal and for the use of the radio frequency range, - training in the field of telecommunications and postal services to a farm in market conditions.
ARTICLE 57 Financial Services and fiscal institutions 1. Cooperation in particular aims to facilitate the integration of the Republic of Uzbekistan in the universally accepted payments systems. Technical assistance focuses on: - the establishment of a market of stocks and bonds, - the development of banking services, the development of a common market for financial resources, the integration of the Republic of Uzbekistan in a system of universally accepted regulations, - the development of insurance services, which would create a favourable environment for the participation of Community companies in the creation of joint ventures in the sector of insurance of the Republic of Uzbekistan among others , as well as the development of export credit insurance.
This cooperation contributes in particular to promote the development of relations between the parties in the financial services sector.
2. the parties shall cooperate in the development of a tax system and fiscal institutions in the Republic of Uzbekistan. This cooperation includes the exchange of information and experiences in the field of taxation and the training of persons associated with the development and the implementation of fiscal policy.
ARTICLE 58 restructuring and privatization of enterprises recognising the fundamental importance of the privatization to ensure a sustainable economic recovery, the parties agree to cooperate in the development of the institutional, legal and methodological framework necessary.
Special attention will be given to run smoothly and to the transparency of the privatization process.
Technical assistance includes:-continue the development of an institutional framework within the Government of the Republic of Uzbekistan for help defining and managing the privatisation process;
-to continue the development of the strategy of privatization of the Government of the Republic of Uzbekistan, including the legislative framework, and implementation mechanisms;
-to promote solutions using the market economy for the use and ownership of land and their privatization;
-to restructure companies that are not yet ready for privatization;
-to develop private enterprise, particularly in the sector of small and medium-sized enterprises;
-to develop systems of investment fund for privatization.
The objective of this cooperation is to contribute to the promotion of community investment in Republic of Uzbekistan.
ARTICLE 59 regional development 1. The parties shall strengthen their cooperation in the field regional development and spatial planning.
2. to this end, the parties shall encourage the exchange of information by national, regional and local authorities on regional policy and regional planning as well as on methods of formulation of regional policies on the development of disadvantaged regions.
They shall also encourage direct contacts between the regional organizations and public respective responsible for regional development planning in the
purpose, inter alia, to exchange methods and ways to encourage regional development.
ARTICLE 60 Cooperation in the social field 1. In the field of health and safety, the parties develop their cooperation to improve the level of protection of the health and safety of workers.
Including door cooperation: - education and training in health and safety, with special attention to high risk sectors, - development and promotion of preventive measures to combat disease and other occupational diseases, - prevention of major accident hazards and the management of toxic chemicals, - research to expand the base of knowledge relating to the work environment as well as to the health and to the
safety of workers.
2. in the field of employment, the cooperation shall include technical assistance related to: - the optimization of the labour market, - the modernization of placement and guidance services, - planning and implementation of restructuring programmes, - the promotion of the local development of employment, - exchange of information on programmes relating to flexible employment, including those stimulating self-employment and promoting entrepreneurship.
3. the parties grant special attention to cooperation in the field of social protection, including cooperation in planning and implementing social protection reforms in the Republic of Uzbekistan.
These reforms aim to develop in the Republic of Uzbekistan of methods of protection in market economies and includes all forms of social protection.
ARTICLE 61 tourism stakeholders strengthen and develop their cooperation notably in: - encouraging tourist exchanges, - increasing the flow of information, - transferring know-how, - examining the possibilities to organize joint actions, - ensuring cooperation between the official bodies of tourism, including the preparation of promotional material, - providing training for the development of tourism.
ARTICLE 62 small and medium-sized enterprises 1.
The parties aim to develop and strengthen small and medium-sized enterprises (SMEs) and their associations as well as the cooperation between small and medium-sized enterprises of the community and the Republic of Uzbekistan.
2. cooperation provides technical assistance, including in the following areas: - creation of a legislative framework for small and medium-sized enterprises, - development of an appropriate infrastructure to support SMEs; promotion of communication between SMEs both within Uzbekistan and beyond; training of SMEs in the skills needed to access funding, - training in the areas of marketing, accounting, and control of the quality of the products.
ARTICLE 63 Information and communication the parties support the development of modern methods of information management, including the media, and promote an effective exchange of information. Priority is given to programmes to provide the general public with basic information about the community and the Republic of Uzbekistan, including, to the extent possible, access to databases, taking into account intellectual property rights.
ARTICLE 64 the parties Consumer Protection between them establish close cooperation aimed at achieving compatibility between their systems of consumer protection. This cooperation includes the exchange of information regarding legislative activities and institutional reform, the establishment of permanent systems of mutual information on dangerous products, the improvement of information provided to consumers especially on prices, characteristics of products and services offered, the development of exchanges between the consumer interest representatives and improving compatibility of consumer protection policies and the Organization of seminars and training courses.
ARTICLE 65 customs 1. The cooperation aims to ensure respect for all the provisions to stop trade and fair trade and to bring the customs regime of the Republic of Uzbekistan of the community.
2. the cooperation shall include the following points: - Exchange of information, - improvement of working methods, - introduction of the combined nomenclature and the single administrative document - interconnection between systems of transit of the community and the Republic of Uzbekistan, - simplification of controls and formalities in what concerns the transport of goods, - support for the introduction of modern customs information systems - organisation of seminars and training courses.
Technical assistance is provided in case of need.
3. without prejudice to other forms of cooperation provided for in this agreement, including in title VIII, mutual assistance in customs matters between administrative authorities of the parties is governed by the provisions of the protocol attached to this agreement.
ARTICLE 66 Cooperation in statistical cooperation in this field aims to implement an efficient statistical system to provide the reliable statistics needed to support and monitor the process of economic reform and contribute to the development of private enterprise in the Republic of Uzbekistan.
The parties shall cooperate, in particular, in the following areas: - adaptation of the Uzbek statistical system to the methods, standards and classifications, - exchange of statistical information, - provision of information statistics macro - and microeconomic necessary for the implementation and management of economic reforms.
The community provides technical assistance to the Republic of Uzbekistan for this purpose.
ARTICLE 67 Economic Science the parties shall facilitate the process of economic reform and the coordination of economic policies through a cooperation aimed at improving the understanding of the fundamental mechanisms of their respective economies and the design and implementation of economic policy in market economies. To this end, the parties shall exchange information on results and macroeconomic prospects.
The Community shall provide technical assistance for: - assist the Republic of Uzbekistan in the process of economic reform by providing expert advice and technical assistance, - encourage cooperation among economists in order to expedite the transfer of know-how to the formulation of economic policies and ensure wide dissemination of the results of research y;
-improve the capacity of the Republic Uzbekistan to establish economic models.
Title VII COOPERATION in areas related to democracy and to the rights of the human ARTICLE 68 the parties shall cooperate on all questions relating to the establishment or strengthening of democratic institutions, including those required for strengthening the rule of law and the protection of the rights of man and fundamental freedoms in accordance with the principles of international law and OSCE.
This cooperation includes technical assistance programmes to provide assistance, inter alia, to the drafting of laws and regulations, the implementation of this legislation, the functioning of judicial institutions, the role of the State in the issues of justice and the functioning of the electoral system. Trainings are planned according to the needs.
The parties shall encourage contacts and exchanges between their national, regional and judicial authorities, their parliamentarians and non-governmental organizations.
Title VIII COOPERATION in the field of the PREVENTION of illegal activities and PREVENTION and control of IMMIGRATION CLANDESTINE ARTICLE 69 the parties shall establish cooperation aimed at preventing illegal activities such as:-illegal activities in the economic field, including corruption;
-illegal transactions in various goods, including industrial waste, illicit trafficking in weapons;
Cooperation in the above fields is based on mutual consultations and close interactions. It includes the provision of technical and administrative assistance for:-the development of national legislation in the field of the prevention of illegal activities.
-the creation of information centres;
-the strengthening of the effectiveness of institutions active in the field of the prevention of illegal activities;
-the training of personnel and the development of research infrastructures;
-the development of mutually acceptable measures to combat illegal activities.
ARTICLE 70 money laundering 1. The parties agree to the need to work and cooperate in order to prevent the use of their financial systems for laundering from criminal activities in general and illicit trafficking in drugs in particular.
2. cooperation in this area shall include administrative and technical assistance to adopt appropriate standards of anti-money laundering money, comparable to those adopted on the subject by the community and international bodies
active in this field, and in particular the financial action task (force FATF).
ARTICLE 71 fight against drugs within their powers and their respective competences, the parties shall cooperate with a view to increase the effectiveness and efficiency of policies and measures to combat the production, supply and illicit trafficking of narcotic drugs and psychotropic substances, including the prevention of diversion of precursor chemicals, and to promote the prevention and reduction of drug demand. Cooperation in this area is based on mutual consultation and close coordination between the parties in what concerns the objectives and measures relating to different areas of the fight against drugs.
ARTICLE 72 illegal Immigration 1. The Member States and the Republic of Uzbekistan agree to cooperate to prevent and control illegal immigration. To this end:-the Republic of Uzbekistan agrees to readmit all its nationals illegally present on the territory of a Member State, at the request of the latter and without further formalities; -each Member State agrees to readmit all its nationals, as they are defined for the community, illegally present on the territory of the Republic of Uzbekistan, at the request of the latter and without further formalities.
The Member States and the Republic of Uzbekistan also provide their nationals identification documents required for this purpose.
2. the Republic of Uzbekistan should conclude bilateral agreements with Member States wishing to do so, regulating the specific readmission obligations and including an obligation of readmission of nationals of other countries and stateless persons arrived in the territory of such State member from the Republic of Uzbekistan or arrived on the territory of the Republic of Uzbekistan from such a Member State.
3. the cooperation Council examines the joint efforts that can be made to prevent and control illegal immigration.
Title IX cultural COOPERATION ARTICLE 73 the parties undertake to promote, encourage and facilitate cultural cooperation. Where appropriate, cultural cooperation programmes existing in the community or those of one or more of its Member States may be the subject of cooperation and other activities of mutual interest can be undertaken.
Title X financial COOPERATION assistance TECHNIQUE ARTICLE 74 for the achievement of the objectives of this agreement and in accordance with articles 75, 76 and 77, the Republic of Uzbekistan boasts a temporary financial assistance granted by the community through assistance technique in the form of endowments. This assistance is designed to accelerate the process of economic reform of the Republic of Uzbekistan.
ARTICLE 75 financial assistance is covered by the measures provided for in the context of the Tacis programme and the Community Council regulation y matter.
ARTICLE 76 the objectives and the areas of the community's financial assistance will be defined in an indicative programme reflecting the priorities agreed between the parties, taking into account the needs of the Republic of Uzbekistan, its sectoral absorption and evolution capabilities reforms. The parties shall inform the cooperation Council.
ARTICLE 77 in order to allow an optimal use of available resources, the parties shall ensure that there is close coordination between the community support and contributions from other stakeholders, such as Member States, other countries, and international organizations, such as the International Bank for reconstruction and development and the Bank for reconstruction and development European.
Title XI provisions institutional, General and final ARTICLE 78 there is hereby established a cooperation Council to oversee the implementation of this agreement. The cooperation Council meets at ministerial level once a year. It examines any important issue arising under this agreement and any other bilateral or international common interest issues to achieve the objectives of this agreement. The cooperation Council may also formulate, by mutual agreement between the two parties, appropriate recommendations.
SECTION 79 (1). The cooperation Council is composed, on the one hand, of members of the Council of the European Union and members of the Commission of the European communities and, on the other hand, of members of the Government of the Republic of Uzbekistan.
2. the cooperation Council shall adopt its rules of procedure.
3. the Presidency of the cooperation Council is exercised in turn by a representative of the community and a member of the Government of the Republic of Uzbekistan.
SECTION 80 (1). Cooperation Council is assisted, in the performance of its duties by a Committee of cooperation consists, on the one hand, of representatives of the members of the Council of the European Union and members of the Commission of the European communities and, on the other hand, representatives of the Government of the Republic of Uzbekistan, normally at the level of senior officials. The Presidency of the cooperation Committee is exercised alternately by the community and the Republic of Uzbekistan.
Cooperation Council shall determine, in its rules of procedure, the mission of the cooperation Committee, which includes preparing the meetings of the cooperation Council, and the method of operation of this Committee.
2. the cooperation Council may delegate all or part of its powers to the cooperation Committee, which will ensure continuity between meetings of the cooperation Council.
ARTICLE 81 the cooperation Council may decide to set up any other Committee or body to assist it in the performance of its tasks and determines the composition, the mission and operation.
ARTICLE 82 during the consideration of a matter arising under this agreement against a provision that refers to an article of the GATT / WTO, the cooperation Council takes into account, wherever possible, usually given interpretation of the article of the GATT / WTO in question by the members of the WTO.
ARTICLE 83 shall be established a parliamentary cooperation Committee. This Committee is the forum where members of the Uzbek Parliament and those of the European Parliament meet and exchange their views. It shall meet at intervals which it shall determine.
SECTION 84 (1).
The parliamentary cooperation Committee is composed, on the one hand, of members of the European Parliament and, on the other hand, of members of the Uzbek Parliament.
2. the parliamentary cooperation Committee shall adopt its rules of procedure.
3. the chairmanship of the parliamentary cooperation Committee is exercised in turn by the European Parliament and the Uzbek Parliament, according to the modalities in the rules of procedure.
ARTICLE 85 the parliamentary cooperation Committee may request the cooperation Council to provide any useful information relating to the implementation of this agreement; the cooperation Council shall provide the requested information.
The parliamentary cooperation Committee is informed of the recommendations of the cooperation Council.
The parliamentary cooperation Committee may make recommendations to the cooperation Council.
ARTICLE 86(1). Under this agreement, each party undertakes to ensure the access of individuals and legal entities of the other party, without any discrimination compared to its own nationals, to the courts and administrative authorities of the parties in order to assert their rights individual and real, including those concerning intellectual, industrial and commercial property.
2. within the limits of their powers and their respective powers, the parties:-shall encourage recourse to the arbitration to resolve disputes arising from commercial transactions and cooperation concluded by operators of the community and those of the Republic of Uzbekistan;
-agree that where a dispute is submitted to arbitration, each party to the dispute may, except in the case where the rules of the centre of arbitration chosen by the parties decide otherwise, choose its own arbitrator, irrespective of his nationality, and that the third arbitrator or the sole arbitrator may be a citizen of a third State;
-recommend their economic operators to choose by mutual agreement the law applicable to their contracts;
-shall encourage recourse to the arbitration rules elaborated by the United Nations Commission on international trade law (UNCITRAL) and to arbitration by any centre of a State signatory to the Convention on the recognition and enforcement of foreign arbitral awards, signed at New York on 10 June 1958.
ARTICLE 87 no provision of this agreement prevents a party from taking measures: a) which it considers necessary to prevent the disclosure of information contrary to the essential interests of its security;
b) which relate to the production or trade in arms, munitions or war material research, development or production indispensable for its defence, provided that these measures do not adversely affect the conditions of competition for products not intended for specifically military;
(c) that it considers essential for its security in the event of internal disorders
graves which might impair public peace, in the event of war or serious international tension constituting a threat of war or to carry out obligations it has accepted for the maintenance of peace and international security;
(d) that it considers necessary to respect its obligations and its international commitments on the control of goods and dual-use industrial technologies.
ARTICLE 88 1. In the fields covered by this agreement and without prejudice to any special provisions contained therein:-the arrangements applied by the Republic of Uzbekistan to the community may not give rise to any discrimination between the Member States, their nationals or their companies.
-the arrangements applied by the community in respect of Uzbekistan cannot give rise to any discrimination between the nationals of the Republic of Uzbekistan or affiliates.
2. the provisions of paragraph 1 are without prejudice to the right of the parties to apply the relevant provisions of their fiscal legislation to taxpayers who are not in the same situation as their place of residence.
SECTION 89 (1). Each party may apply to the cooperation Council any dispute relating to the application or interpretation of this agreement.
2. the cooperation Council may settle disputes by way of recommendation.
3. where it is not possible to settle the dispute in accordance with paragraph 2, each party may notify the appointment of a conciliator to the other party, which shall then appoint a second arbitrator within a period of two months. For the purposes of the application of this procedure, the community and the Member States are considered a single party to the dispute.
The cooperation Council shall designate a third conciliator.
The recommendations of the conciliators are taken by the majority. These recommendations are not binding on the parties.
4. the cooperation Council may establish rules of procedure for the settlement of disputes.
ARTICLE 90 the parties agree to consult promptly through the appropriate channels at the request of one of them to examine any question relating to the interpretation or implementation of this agreement and other relevant aspects of their mutual relations.
The provisions of this article do not affect any way those of articles 13, 89 and 95 and agree without prejudice.
ARTICLE 91 the regime granted to the Republic of Uzbekistan under the agreement is certainly not more favourable than those that the Member States apply among themselves.
SECTION 92 for the purposes of this agreement, "parties" means, on the one hand, the Republic of Uzbekistan and, on the other hand, community, or the Member States, or the community and the Member States, in accordance with their respective powers.
ARTICLE 93 in so far as matters covered by this agreement are covered by the Treaty of the Charter European energy and its protocols, this Treaty and these protocols shall apply as from the entry into force, to these questions, but only to the extent where such an application is planned.
ARTICLE 94 this agreement is concluded for an initial period of ten years. It is automatically renewed from year to year provided that neither of the two parties denounces by a written notification addressed to the other party six months before its expiry.
ARTICLE 95 1. The parties shall take any general or particular necessary to fulfil their obligations under this agreement. They shall ensure that the objectives set out in this agreement are met.
2. If either party considers that the other has not fulfilled one of the obligations of this agreement, it may take appropriate measures. Previously, except in cases of special urgency, it shall provide the cooperation Council all elements of relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the parties.
During the selection of these measures, priority must be given to those which disturb least the functioning of this agreement. These measures shall be notified immediately to the cooperation Council at the request of the other party.
ARTICLE 96 annexes I, II, III, IV and V as well as the Protocol are an integral part of this agreement.
ARTICLE 97 this Agreement shall not affect, until equivalent rights have been granted to individuals and economic operators under this agreement, the rights guaranteed to them by existing agreements binding one or more Member States, on the one hand, and the Republic of Uzbekistan, on the other hand, except in areas falling within the competence of the community and without prejudice to the obligations of Member States resulting from this agreement in areas falling within of
the jurisdiction of the latter.
ARTICLE 98 this Agreement shall apply, on the one hand, to the territories in which the treaties establishing the European Community, the European coal and Steel Community and the European Atomic Energy Community are applied and under the conditions laid down by such treaties and, on the other hand, to the territory of the Republic of Uzbekistan.
ARTICLE 99 the Secretary-General of the Council of the European Union is the depositary of this agreement.
ARTICLE 100 the original of this agreement, which copies in German, English, Danish, Spanish, Finnish, French, Greek, Italian, Dutch, Portuguese, Swedish and Uzbek languages are equally authentic, shall be deposited with the Secretary-General of the Council of the European Union.
ARTICLE 101 this agreement is approved by the parties according to procedures which are specific to them.
This agreement shall enter into force the first day of the second month following the date on which the parties notify to the Secretary-General of the Council of the European Union the completion of the procedures referred to in the first subparagraph.
Upon its entry into force, and to the extent where the relations between the Republic of Uzbekistan and the community are concerned, this Agreement replaces the agreement between the European economic community, the Community European Atomic Energy, on the one hand, and the Union of Soviet Socialist Republics, on the other hand, concerning trade and commercial and economic cooperation signed in Brussels on 18 December 1989.
SECTION 102 if, pending the completion of the procedures necessary for the entry into force of this agreement, the provisions of certain parts of it are implemented by an interim agreement between the community and the Republic of Uzbekistan, the parties agree that, in such circumstances, means "date of entry into force of this agreement" the date of entry into force of the interim agreement.
Made in Florence, June twenty-and-one thousand nine hundred and ninety-six.
LIST of DOCUMENTS JOINTS annex I indicative list of advantages granted by the Republic of Uzbekistan to the independent States in accordance with article 8 paragraph 3.
Annex II reservations of the community in accordance with article 22 paragraph 2.
Annex III Reserves of Uzbekistan concerning article 22 paragraph 4.
Annex IV Financial Services referred to in article 25 paragraph 3.
Annex V relating to the intellectual, industrial and commercial property Conventions referred to in article 41.
Protocol on mutual assistance between administrative authorities in customs matters.
Annex I indicative list of advantages granted by the Republic of Uzbekistan to the independent States in accordance with article 8 (3) the benefits are granted to the independent States which are parties to the agreement on the establishment of a free trade area and who have signed agreements of free trade with Uzbekistan.
For Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Turkmenistan, and the Ukraine Federation: 1. import and export rights the parties collect no import duties.
No export charge is levied on the goods supplied under intergovernmental agreements or credit, within the quotas set by the Government of Uzbekistan on the basis of national constraints.
No VAT or right excise is applied to exchanges that take place within the framework of cooperation agreements.
2 allocation of quotas and procedures for licensing the export quotas fixed for Uzbek products provided as part of annual bilateral trade agreements and cooperation are open under the same conditions as those which are set out for "supplies of products to meet the needs of the State."
3. conditions of transport and transit for countries that are parties to the multilateral agreement on the principles and conditions governing relations in the field of transport and/or on the basis of bilateral agreements in the field of transport and transit, it is not seen, subject to reciprocity, taxes or other rights on the transport and customs clearance of goods (including goods in transit) or on transit vehicles.
4 communication services, including postal services, courier services, telecommunications, audiovisual and other services.
5 access to information systems and databases for the Federation of Russia, Ukraine, Belarus, the Kazakhstan: payments can be made in the currency of these countries.
For the Kazakhstan and Kyrgyzstan: simplified customs procedure.
Annex II reservations, the community
in accordance with article 22, paragraph 2, mining in some Member States, the operation of mines and mineral resources by companies outside the control of the community may be subject to prior obtaining a concession.
Fishing access to biological resources and fishing grounds situated in the maritime waters falling within the sovereignty or jurisdiction of the Member States of the community as well as their exploitation are reserved for fishing vessels flying the flag of a Community Member State and registered in the territory of the community, unless otherwise provided.
Purchase of land the purchase of property by non-Community companies is regulated in some Member States.
Audiovisual services including radio national treatment with regard to production and distribution, including broadcasting and other forms of public, may be reserved to audiovisual works meeting certain origin criteria.
Telecommunications services, including mobile services and satellite Services.
In some Member States, access to the market infrastructure and complementary services is regulated.
Services of the liberal professions Services reserved to natural persons who are nationals of the Member States. These persons may, under certain conditions, create companies.
Agriculture national plan is not applicable in some Member States, beyond the control of the community, companies wishing to put farming on foot. The acquisition of vineyards by a company outside the control of the community is subject to a notification or, where applicable, to an authorisation procedure.
Services of news agencies in certain Member States, foreign participation in publishing companies or television or broadcasting companies is limited.
Annex III Reserves of Uzbekistan concerning article 22 paragraph 4 under the legislation of Uzbekistan in investment, foreign companies wishing to settle in Uzbekistan are required to register with the Ministry of justice and to provide documents proving that they are insane registered in their country of origin and financially solvent.
This registration procedure cannot be used to invalidate the advantages granted to community corporations under article 22 of the agreement nor to circumvent any other provision of this agreement.
Annex IV the Financial Services referred to in article 25 paragraph 3 "financial services" means any service financial nature proposed by the claimants of the parts providing such services. It covers the following activities: A. all insurance services and related activities 1. Direct insurance (including co-insurance): (i) life (ii) non-life.
2. reinsurance and retrocession.
3. activities of the intermediaries of insurance such as brokers and agents.
4. services auxiliary to insurance, such as consulting services, actuarial, risk and claims assessment.
B. banking and other services (excluding insurance) financial 1. Acceptance of deposits and other repayable funds from the public.
2 loans of all kinds, i.e. inter alia, consumer credit, mortgage credit, factoring and financing of commercial transactions.
3. financial leasing.
4. services payments and monetary transfers, such as credit cards or debit, travellers cheques and cheques.
5. guarantees and commitments.
6. interventions for own account and for the account of clients, either on the stock market, over-the-counter market or otherwise, namely: has) money market instruments (cheques, treaties, certificates of deposit, etc.);
(c) derivatives, namely, inter alia, futures and options;
(d) exchange rates and interest rates, including products such as swaps, forward rate agreements, etc.;
(e) transferable securities;
(f) other instruments and tradable financial assets, including reservations metal.
7. participation in issues of securities of all kinds, including subscriptions, investments (private or public) acting as agent and provision of services related to such issues.
8. activities of foreign exchange broker.
9 heritage management, including cash or portfolio management, all forms of collective investment management, pension fund management, custody services, deposit or consignment.
10 regulation and services compensation of financial assets such as securities, derivatives and other negotiable instruments.
11 services advice and other auxiliary financial services related to the activities listed in points 1 to 10, including information and evaluations on issues of credit, investigations and information for investments and constitution of portfolios, advice relating to equity, restructuring and corporate strategies.
12 communication and transfer of financial information and financial data processing activities and provision of specialized software by providers of other financial services.
Are excluded from the definition of financial services the following activities: a) activities carried out by central banks or other public institutions in the context of policies applicable to the currency and the exchange rate;
(b) activities performed by central banks, organizations, administrations or institutions public on behalf or on the bail of the State, except in cases where those activities may be carried by these public authorities competing financial services providers;
(c) activities within a formal system of social security or old-age pension, except in the cases where these activities may be performed by public authorities or private institutions competing financial service providers.
Annex V relating to the intellectual, industrial and commercial property Conventions referred to in article 41 1. Paragraph 2 of article 41 concerns the following multilateral conventions:-Berne convention for the protection of literary and artistic works (Paris Act, 1971);
– international convention on the protection of the performers, producers of Phonograms and broadcasting organizations (Rome, 1961);
-Protocol relating to the Madrid Agreement concerning the international registration of marks (Madrid, 1989);
-Nice Agreement concerning the international classification of products and services for the purposes of the registration of marks (Geneva, 1977), revised in 1979;
-Budapest Treaty on the international recognition of the deposit of microorganisms for the purposes of patent procedure (1977, modified in 1980);
– international convention for the protection of new varieties of plants (Geneva 1991 Act).
2. the cooperation Council may recommend that article 41 paragraph 2 applies also to other multilateral conventions. In the event of difficulties in the area of intellectual, industrial or commercial property, affecting trade, consultations are organized without delay, at the request of one of the two parties to find a mutually satisfactory solution.
3. the parties confirm the importance they attach to the obligations arising from the following multilateral conventions:-Paris convention for the protection of industrial property (Stockholm, 1967, and amended in 1979 Act);
-Madrid Agreement concerning the international registration of marks (Act of Stockholm, 1967, and amended in 1979);
-cooperation treaty (Washington 1970, amended and modified in 1979 and 1984) patent.
4. upon the entry into force of this agreement, the Republic of Uzbekistan provides, in terms of the recognition and protection of intellectual, industrial and commercial property, companies and citizens of the community treatment no less favourable than it treats one any third countries within the framework of a bilateral agreement.
5. the provisions of paragraph 4 shall not apply to advantages granted by the Republic of Uzbekistan to a third country on an effective reciprocal basis or to advantages granted by the Republic of Uzbekistan to another country of the former USSR.
Protocol on mutual assistance between administrative authorities in customs matters ARTICLE 1 definitions for the purposes of this Protocol: a) "customs legislation": legal or regulatory provisions applicable in the territories of the parties governing the import, export, transit of goods and their placing under any customs procedure, including measures of prohibition, restriction and control;
(b) ' applicant authority': a competent administrative authority which has designated for this purpose by a party and which makes a request for assistance in customs matters;
(c) "requested authority": a competent administrative authority which has designated for this purpose by a party and which receives a request for assistance in customs matters;
(d) "personal data": any information relating to an identified or identifiable person.
ARTICLE 2 scope 1. The contracting parties shall assist each other, in the areas within their competence, of
the manner and under the conditions laid down in this Protocol in preventing and detecting violations of customs legislation and in conducting investigations on their subject.
2. assistance in customs matters provided for in this Protocol shall apply to any administrative authority of the contracting parties for the purposes of this Protocol. It is without prejudice to the rules governing mutual assistance in criminal matters. Similarly, it does not apply to information obtained under powers exercised at the request of the judicial authorities, except with the agreement of those authorities.
ARTICLE 3 Assistance on request 1. At the request of the applicant authority, the requested authority shall communicate to it any information allowing it to ensure that customs legislation is correctly applied, including information regarding operations noted or projected that constitute or are likely to constitute an offence under this legislation.
2. at the request of the applicant authority, the requested authority shall inform it as to whether if goods exported from the territory of one of the parties were regularly introduced to the territory of the other party, specifying, where appropriate, the customs procedure under which those goods are placed.
3. at the request of the applicant authority, the requested authority takes, under its legislation, the measures necessary to ensure that supervision is exercised on: a) of natural or legal persons which there are reasonably suggest that they commit or have committed offences under the customs legislation;
b) sites of storage of goods of which there is reason to assume that they will be supplied as part of operations in breach of customs legislation;
(c) movements of goods reported as possibly giving rise to breaches of customs legislation;
d) means of transport which reasonably, there is reason to believe that they have been used or are likely to be used for operations constituting a breach of customs legislation.
ARTICLE 4 spontaneous Assistance the parties, insofar as their legislative and regulatory provisions and their other legal instruments allow, shall assist each other without prior request if they consider that it is necessary for the correct application of customs legislation, particularly when they obtain information pertaining:-operations which constitute or appear to constitute a violation of such legislation and which may be of interest to another party - to the new means or methods used to perform these operations, - goods which have knows that they give rise to a breach of customs legislation, - to the natural or legal persons which there are reasonably suggest that they commit or have committed an offence under the customs legislation, - means of transport of which there are reasonable grounds to believe that they have been used are used or are to be used for operations constituting a breach of customs legislation.
ARTICLE 5 Communication, notification at the request of the applicant authority, the requested authority shall, in accordance with its legislation, all necessary measures to:-communicate all documents and - notify all decisions, falling within the scope of this Protocol, to a recipient residing or established in its territory.
In these cases, article 6 shall apply where the same application is concerned.
ARTICLE 6 form and content of requests for assistance 1. Requests made under this Protocol are presented in writing. They are accompanied by the documents necessary to respond to requests. When the urgency of the situation requires it, applications can verbally be accepted, but they must be confirmed immediately in writing.
2. requests submitted pursuant to paragraph 1 shall be accompanied by the following information: a) the applicant authority making the request, b) the action required, c) the object and the reason for the request, d) the laws, rules and other legal elements involved, e) indications as exact and comprehensive as possible on the natural or legal persons who are the subject of investigations (, f) a summary of the relevant facts and already completed surveys, except in the case provided for in article 5.
3. the requests are drawn up in an official language of the requested authority or in a language acceptable to that authority.
4. If a request does not meet the formal requirements, it is possible to request that it be corrected or supplemented; However, provisional measures may be ordered.
ARTICLE 7 processing of applications 1. To respond to a request for assistance, the requested authority shall, within its jurisdiction and its resources, as if it were acting on its own account or at the request of other authorities of the same party, in supplying the information already available to it and by doing or causing to carry out appropriate enquiries. This provision also applies to the Administrative Department to which the request is made by the requested authority when it cannot act alone.
2. Requests for assistance shall be met in accordance with the laws, rules and other legal instruments of the requested Party.
3. duly authorised officials of a party may, with the agreement of the other party in question and in the conditions laid down by the latter, collect, in the offices of the requested authority or other authority for which it is responsible, information relating to operations which are or are likely to constitute a breach of customs legislation which the applicant authority needs for the purposes of this Protocol.
4. officials of a party may, with the agreement of the other party, be present in surveys conducted on the territory of the latter. They do not wear uniforms or weapons.
ARTICLE 8 form in which the information shall be provided 1. The requested authority shall communicate the results of the investigations to the requesting authority in the form of documents, certified copies of documents, reports and similar texts.
2. the documents referred to in paragraph 1 may be replaced by computerised information produced in some form for the same purpose.
ARTICLE 9 exceptions to the obligation to provide assistance 1. The parties may refuse to give assistance provided for in this Protocol if such assistance: a) is likely to prejudice the sovereignty of the Republic of Uzbekistan or that of a Member State to which assistance has been requested under this Protocol or b) is likely to prejudice public order, security or other essential interests ((in particular in the cases referred to in article 10 paragraph 2 or c) involves tax or regulation other than the customs legislation or d Exchange) entails the violation of an industrial, commercial or professional secret.
2. If the applicant authority requests assistance that it could not itself provide if it were requested, it draws attention to that fact in its application. It is up to the authority to decide on the manner in which it must respond to this request.
3. If assistance is refused, the decision and the reasons that explain it must be notified to the applicant authority without delay.
ARTICLE 10 Exchange of information and obligation of confidentiality 1. Any information communicated in whatever form pursuant to this Protocol of a confidential nature or restricted, depending on the rules applicable in each party. He is covered by professional secrecy and enjoys the protection granted by the laws on the subject by the party which it was re-elected, as well as by the relevant provisions applying to Community bodies.
2. personal data may be exchanged only if the party receiving them undertakes to protect such data in a manner at least equivalent to that applicable to that particular case in the party providing.
3. the information collected shall be used only for the purposes of this Protocol. When one of the parties wishes to use such information for other purposes, it seeks the written consent of the authority that provided it. They are also subject to the restrictions imposed by this authority.
4. paragraph 3 shall not preclude the use of the information in judicial or administrative proceedings subsequently instituted for non-compliance with customs legislation. The competent authority which provided the information is notified of such use.
5. the parties may make State, evidence, in their minutes, reports and testimonies and in proceedings and charges brought before the courts, the information collected and documents consulted in accordance with the provisions of this Protocol.
ARTICLE 11 Experts and witnesses 1. An official of a requested authority may be authorised to appear, within the limits set by the permission that was granted, as expert or witness in judicial or administrative proceedings undertaken in the areas covered by this Protocol, by the jurisdiction of the other party, and produce objects, documents or certified copies in accordance thereof which may be
necessary for the procedure. The request for appearance must indicate precisely in what case, on what basis and in what capacity the agent will be questioned.
2. the authorized agent has the protection guaranteed by existing legislation to officials of the applicant authority on its territory.
ARTICLE 12 assistance expenses the parties renounce on part and to any claim for reimbursement of expenses arising from the application of this Protocol, except in relation to, where appropriate, allowances paid to experts and witnesses and to interpreters and translators who are not public service employees.
ARTICLE 13 implementation 1.
The application of this Protocol is entrusted to the Central Customs authorities of the Republic of Uzbekistan, on the one hand to the competent services of the Commission of the European communities and, where appropriate, the Customs authorities of the Member States, on the other hand. They decide to all the measures and arrangements necessary for its application, taking into account the rules in force in the field of the protection of data. They may propose to the competent bodies amendments which should, according to them, be made to this Protocol.
2. the contracting parties shall consult and inform then mutually implementing rules which are adopted in accordance with the provisions of this Protocol.
ARTICLE 14 complementarity without prejudice to article 10, the agreements of mutual assistance which have been concluded between one or more Member States and the Republic of Uzbekistan do not affect the Community provisions governing the communication between the competent services of the Commission of the communities European and the Customs authorities of the Member States, all information collected in customs matters likely to be of interest to the community.
Act FINAL the Plenipotentiaries of the Kingdom of Belgium, of the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, of the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, of the GRAND-Duchy of LUXEMBOURG, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, the Kingdom of Great Britain and Northern Ireland Contracting parties to the Treaty establishing the European Community, the Treaty establishing the European Community of coal and steel and to the Treaty establishing the Community European Atomic Energy, hereinafter referred to as 'Member States', and of the European Community, the Community European of coal and of the steel and the Community European Atomic Energy, hereinafter referred to as 'Community', on the one hand, and the Plenipotentiaries of the Republic of Uzbekistan on the other hand, meeting in Florence on 21 June 1996, for the signing of the partnership agreement and cooperation establishing a partnership between the European communities and their Member States, of one part, and the Republic of Uzbekistan, on the other hand, hereinafter referred to as 'agreement', have adopted the following texts: the agreement including its annexes and the following protocol: Protocol on mutual assistance between authorities in customs matters.
The Plenipotentiaries of Member States and the community and the Plenipotentiaries of the Republic of Uzbekistan have adopted the joint declarations mentioned below and attached to the present final act: agreed statement concerning the personal data Joint Declaration concerning article 5 of the agreement Joint Declaration concerning title III Joint Declaration relating to article 14 of the agreement Joint Declaration concerning the notion of 'control' in article 24 (b)) and 35 statement regarding article 34 statement municipality regarding article 41 of the agreement Joint Declaration relating to article 95 of the agreement the Plenipotentiaries of the Member States and the community and the Plenipotentiaries of the Republic of Uzbekistan have also taken note of the exchange of following letters annexed to this final act: Exchange of letters between the community and the Republic of Uzbekistan concerning the establishment of companies the Plenipotentiaries of the Member States and the community and the Plenipotentiaries of the Republic of Uzbekistan have also taken note of the declaration next attached to this final act: Declaration by the french government joint statement concerning data has personal character when implementing this agreement, the parties are aware of the need to ensure adequate protection of individuals with regard to the processing of personal data and the free movement.
Joint DECLARATION concerning ARTICLE 5 If the parties agree that circumstances warrant meetings at the highest level, these can be arranged on an ad hoc basis.
Joint DECLARATION concerning title III all references to the GATT are to the text of the GATT as amended in 1994.
Joint DECLARATION concerning ARTICLE 14 pending the accession of the Republic of Uzbekistan to the WTO, the parties hold consultations in the cooperation Committee on their policies on import, including changes in tariff protection duties. These consultations are specifically proposed prior to the increase of tariff protection.
Joint DECLARATION concerning the NOTION of 'Control' appearing in the blogs 24 POINT b) and 35 1. The parties confirm that it is understood that the issue of control depends on the factual circumstances of the particular case in question.
2. Thus, for example, a company is considered "controlled" by another company and as such subsidiary if:-the other company directly or indirectly holds the majority of voting rights, or if - the other company has the right to appoint or dismiss a majority of the members of the administrative organ, the management authority or the supervisory body and is at the same time shareholder or member of the subsidiary.
3. the two parties consider that the criteria set out in paragraph 2 are not exhaustive.
DECLARATION municipality concerning the ARTICLE 34 the sole fact of requiring a visa for natural persons of certain parties and not others is deemed not cancel or affect the benefits of a specific commitment.
DECLARATION municipality concerning the ARTICLE 41 the parties agree that, for the purposes of this agreement, the terms 'intellectual, industrial and commercial property' shall include, in particular, the protection of the rights of copyright and neighbouring rights, including the copyright of computer programs, the rights of patents, industrial designs, geographical indications, including appellations of origin, trademarks for products and services of topographies of integrated circuits as well as protection against unfair competition referred to in article 10 bis of the Paris convention for the protection of industrial property and protection of undisclosed information on know-how.
JOINT DECLARATION CONCERNING ARTICLE 95 1. The parties agree, for the purposes of the correct interpretation and practical application of this agreement, that the words "particularly urgent cases" contained in article 95 of the agreement mean cases of material breach of the agreement by one of the parties. A material breach of the agreement consists of a) the rejection of the agreement not sanctioned by the General rules of international law or b) in violation of the essential elements of the agreement set out in article 2.
2. the parties agree that the "appropriate measures" referred to in article 95 are measures taken in accordance with international law. If a party takes a measure in a particularly urgent cases as provided for in article 95, the other party may appeal the procedure relating to settlement of disputes.
EXCHANGE OF LETTERS BETWEEN THE COMMUNITY AND THE REPUBLIC OF UZBEKISTAN ON THE ESTABLISHMENT OF COMPANIES.
Letter from the Government of the Republic of Uzbekistan, I have the honour to refer to the partnership and cooperation agreement initialled on 29 April 1996.
As I underlined during the negotiations, the Republic of Uzbekistan grants, in some ways, the Community companies which are established and operate in Uzbekistan dieting privileged. I explained that this measure reflects the desire of the Republic of Uzbekistan to maximize the establishment of companies of the community in the Republic of Uzbekistan.
In this regard, I would like to confirm that during the period extending agenda for the signature of the present agreement to the date of entry into force of the relevant articles relating to the establishment of companies, the Republic of Uzbekistan will adopt measures or regulations which, compared to the situation existing on the date of initialling of this agreement, would be likely to create discrimination or aggravate existing discrimination against Community companies compared with Uzbek companies or companies of a third country.
I should be grateful if you would acknowledge receipt of this letter.
Please accept, Sir, the assurance of my highest consideration.
The Government of the Republic of Uzbekistan B. Letter from the European Community Mr, thank you for your letter of today worded as follows: "Sir, I have.
the honour to refer to the partnership and cooperation agreement initialled on 29 April 1996. As I underlined during the negotiations, the Republic of Uzbekistan grants, in some ways, the Community companies which are established and operate in Uzbekistan dieting privileged. I explained that this measure reflects the desire of the Republic of Uzbekistan to maximize the establishment of companies of the community in the Republic of Uzbekistan.
In this regard, I would like to confirm that during the period extending agenda for the signature of the present agreement to the date of entry into force of the relevant articles relating to the establishment of companies, the Republic of Uzbekistan will adopt measures or regulations which, compared to the situation existing on the date of initialling of this agreement, would be likely to create discrimination or aggravate existing discrimination against Community companies compared with Uzbek companies or companies of a third country.
I should be grateful if you would acknowledge receipt of this letter. "I acknowledge receipt of the letter.
Please accept, Sir, the assurance of my highest consideration.
On behalf of the European Community DECLARATION of the French Government the France notes that the agreement of partnership and cooperation with the Republic of Uzbekistan applies not to the countries and territories overseas associated with the European Community under the Treaty establishing the European.
List of related States Lijst der Gebonden Staten for consultation of the table, see image this Treaty entered into force, on 1 July 1999.