Machine Translation of "Law Approving The Partnership And Cooperation Agreement Between The European Communities And Their Member States, Of A P..." (Belgium)

Law Approving The Partnership And Cooperation Agreement Between The European Communities And Their Member States, Of A Part, And The Kyrgyz Republic, Of Another Part, Annexes I And Ii, Protocol And Final Act, Made In Brussels On 9 February

Original Language Title: Loi portant assentiment à l'Accord de partenariat et de coopération entre les Communautés européennes et leurs Etats membres, d'une part, et la République du Kirghize, d'autre part, Annexes I et II, Protocole et Acte final, faits à Bruxelles le 9 février

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Unlimited Searches
Weekly Updates on New Laws
Access to 5,345,848 Global Laws from 110 Countries
View the Original Law Side-by-Side with the Translation

Subscribe Now for only USD$40 per month.

9 JANVIER 1998. - Law on the Agreement on Partnership and Cooperation between the European Communities and their Member States, on the one hand, and the Republic of Kirghize, on the other hand, Annexes I and II, Protocol and Final Act, made in Brussels on 9 February 1995 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a material referred to in Article 77 of the Constitution.
Art. 2. The Agreement on Partnership and Cooperation between the European Communities and their Member States, on the one hand, and the Republic of Kirghize, on the other hand, Annexes I and II, Protocol and the Final Act, made in Brussels on 9 February 1995, will come out their full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 9 January 1998.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Notes
(1) Session 1996-1997.
Senate:
Documents. - Bill tabled on 5 June 1997: No. 1-655/1. - Report: No. 1-655/2. - Text adopted in Commission: No. 1-655/3.
Annales parliamentarians. - Discussion. Session of 16 July 1997. - Vote. Meeting of 17 July 1997.
Session 1996-1997
House of Representatives:
Documents. - Project transmitted by the Senate: No. 1147/1.
Session 1997-1998.
House of Representatives:
Documents. - Report: No. 1147/2.
Annales parliamentarians. - Discussion. Meeting of 12 November 1997. - Vote. Session of 13 November 1997.
(2) See also the Decree of the French Community of 14 July 1997 (Moniteur belge of 14 January 1998), the Decree of the Flemish Community/ Flemish Region of 28 April 1998 (Moniteur belge du 6 juin 1998), the Decree of the German-speaking Community of 20 January 1997 (Moniteur belge du 21 juin 1997), the Decree of the Walloon Region of 5 February 1998 (Moniteur belge du 27 février 1998), l

Agreement on Partnership and Cooperation between the European Communities and their Member States, on the one hand, and the Republic of Kyrgyzstan, on the other hand, Annexes I and II, Protocol and Final Act, made in Brussels on 9 February 1995.
For the consultation of the table, see image

Partnership and cooperation agreement establishing a partnership between the European Communities and their Member States, on the one hand, and the Kyrgyz Republic, on the other hand
The Kingdom of Belgium,
The Kingdom of Denmark,
The Federal Republic of Germany,
The Hellenic Republic,
The Kingdom of Spain,
The French Republic,
Ireland,
The Italian Republic,
The Grand Duchy of Luxembourg,
The Kingdom of the Netherlands,
The Portuguese Republic,
The United Kingdom of Great Britain and Northern Ireland,
Contracting Parties to the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community,
hereafter referred to as "member states", and
The European Community, the European Charcoal and Steel Community and the European Atomic Energy Community,
hereafter referred to as "Community",
on the one hand, and
The Kyrgyz Republic
on the other hand,
Considering the relationship between the Community, its member states and the Kyrgyz Republic and the common values they share;
Acknowledging that the Community and the Kyrgyz Republic wish to strengthen these ties and establish a partnership and cooperation that would deepen and extend the previously established relations between them, including the agreement between the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist Republics on trade and trade and economic cooperation, signed on 18 December 1989;
Recognizing the commitment of the parties to promote international peace and security and the peaceful settlement of disputes and to cooperate to that end within the United Nations, and the Conference on Security and Cooperation in Europe;
Considering that the Community, its Member States and the Kyrgyz Republic have firmly committed themselves to implementing, as a result, all the principles and provisions contained in the Final Act of the Conference on Security and Cooperation in Europe (CSCE), in the closing documents of the follow-up conferences of Madrid and Vienna, in the document of the CSCE Conference on Economic Cooperation, in the Charter of Paris for a New Europe and in the document "Les changements
Confirming the attachment of the Community, its member states and the Kyrgyz Republic to the European Energy Charter;
Convinced of the vital importance of the rule of law and respect for human rights, including those of minorities, the establishment of a system based on multipartyism and free and democratic elections and economic liberalization aimed at creating a market economy;
Believing that the full implementation of this partnership and cooperation agreement is linked and contributes to the continuation and implementation of political, economic and legal reforms in Kyrgyzstan, as well as the establishment of the necessary factors for cooperation, including in the light of the conclusions of the CSCE Conference in Bonn;
Desirous of encouraging the process of regional cooperation in the areas covered by this agreement with the countries concluded to promote the prosperity and stability of the region;
Desirous of establishing and developing a regular political dialogue on bilateral and international issues of common interest;
Taking into account the Community's desire to ensure, as appropriate, economic cooperation and technical assistance;
Recognizing the economic and social disparities between the Community and the Kyrgyz Republic, including the fact that Kyrgyzstan is a developing and landlocked country;
Recognizing that this agreement should, among other major objectives, facilitate the elimination of these disparities through the provision of community assistance to the development and restructuring of the economy of Kyrgyzstan;
Knowing that the agreement can foster a gradual rapprochement between the Kyrgyz Republic and a broader area of cooperation in Europe and the neighbouring regions, as well as its progressive integration into the open international system;
Considering that the parties have committed themselves to liberalizing trade on the basis of the principles contained in the general agreement on tariffs and trade (GATT);
Aware of the need to improve conditions affecting trade and investment, as well as conditions in areas such as corporate establishment, employment, service delivery and the flow of capital;
Convinced that this agreement will create a new climate between the parties for their economic relations, particularly for the development of trade and investment, essential instruments of economic restructuring and technological modernization;
Desiring to establish close cooperation in the field of environmental protection, taking into account the interdependence between the parties in this area;
Noting that the parties intend to develop their cooperation in the field of space research, with a view to ensuring the complementarity of their activities in this field;
Desirous of establishing cultural cooperation and developing exchanges of information,
The following provisions have been agreed:
Article 1
A partnership is established between the Community and its member states, on the one hand, and the Kyrgyz Republic, on the other. Its objectives are:
- provide an appropriate framework for political dialogue between the parties to enable the development of political relations between them,
- support the efforts of the Kyrgyz Republic to consolidate its democratic character, to develop its economy and to complete its transition to a market economy,
- promoting trade and investment and harmonious economic relations between the parties in order to promote their sustainable economic development,
- lay the foundations for cooperation in the legislative, economic, social, financial, civil, technological and cultural fields.
PART I. - General principles
Article 2
Respect for democracy, the principles of international law and human rights enshrined in the Charter of the United Nations, the Helsinki Final Act and the Paris Charter for a New Europe, as well as the principles of the market economy, as set out in the documents of the CSCE Conference in Bonn, inspires the internal and external policies of the parties and constitutes an essential element of partnership and this agreement.
Article 3
The parties consider that it is essential for the future prosperity and stability of the region of the former Soviet Union that the new independent States derived from the dissolution of the Union of Soviet Socialist Republics, below referred to as "independent states", maintain and develop their cooperation in accordance with the principles of the Helsinki Final Act and international law, as well as good-neighbourly relations, and will unite all their efforts to promote this process.
PART II. - Political dialogue
Article 4
There is a regular political dialogue between the parties, which they intend to develop and strengthen. This dialogue supports and consolidates the rapprochement of the Community and the Kyrgyz Republic, supports the political and economic changes in the country and contributes to the creation of new forms of cooperation. Political dialogue:
- will strengthen the ties of the Kyrgyz Republic with the Community and its member states and, consequently, with the whole community of democratic nations. The economic convergence achieved through this agreement will lead to increased political relations;
- will lead to greater convergence of positions on international issues of common interest, thereby increasing security and stability.
This dialogue can take place on a regional basis.
Article 5
At the ministerial level, political dialogue takes place within the Cooperation Council established by Article 75 or on other occasions, on mutual agreement.
Article 6
Other procedures and mechanisms for political dialogue are established by the parties, including the following:
- regular meetings of senior officials representing the Community and its member states, on the one hand, and the Kyrgyz Republic, on the other;
- full use of diplomatic channels between the parties, including through appropriate bilateral or multilateral contacts, such as United Nations and CSCE meetings or other forums;
- any other means such as expert meetings, which could help to consolidate and develop political dialogue.
Article 7
Political dialogue at the parliamentary level takes place within the parliamentary committee for cooperation which will be established in accordance with Article 80.
PART III. - Exchange of goods
Article 8
1. The parties mutually agree to the treatment of the most-favoured nation with respect to:
- customs duties and import and export taxes, including the method of collection of these duties and taxes,
- the customs clearance, transit, warehouses and transshipment provisions,
- payment methods and transfer of such payments,
- rules governing the sale, purchase, transport, distribution and use of goods in the domestic market.
2. The provisions of paragraph 1 shall not apply:
(a) the benefits granted for the purpose of creating a customs union or free trade zone or arising from the creation of such a union or area;
(b) benefits to certain countries in accordance with GATT and other international arrangements for developing countries;
(c) the benefits granted to neighbouring countries to facilitate border traffic.
3. The provisions of paragraph 1 shall not apply, for a transitional period expiring on the date of the Kyrgyz Republic's accession to the GATT or on 31 December 1998, the date on which the event is the closest, to the benefits set out in Annex I and granted by the Kyrgyz Republic to the other States born of the dissolution of the USSR.
Article 9
1. The parties agree that the principle of the freedom of transit of goods is an essential condition for achieving the objectives of this Agreement.
In this regard, each party guarantees the transit through or through its territory of goods originating from the customs territory or intended for the customs territory of the other party.
2. The rules referred to in Article V paragraphs 2, 3, 4, and 5 of the GATT are applicable between the two parties.
3. The rules contained in this Article shall be in agreement without prejudice to any other special rule agreed between the parties and relating to specific sectors, in particular transport, or products.
Article 10
Without prejudice to the rights and obligations arising out of the international conventions on the temporary admission of goods that bind the two parties, each party shall grant the other party the exemption of import duties and taxes on goods temporarily admitted, in the cases and in accordance with the procedures stipulated by any other international convention binding it, in accordance with its legislation. The conditions under which obligations arising from such a convention have been accepted by the party in question will be taken into account.
Article 11
1. The goods originating in Kyrgyzstan are imported into the Community and Ukraine without any quantitative restrictions, without prejudice to the provisions of Articles 13, 16, and 17 of this Agreement and those of Articles 77, 81, 244, 249 and 280 of the act of accession of Spain and Portugal to the European Community.
2. Goods originating from the Community are imported to Kyrgyzstan outside of any quantitative restrictions or equivalent effect measurement.
Article 12
The goods are exchanged between the parties at market prices.
Article 13
1. Where imports of a given product in the territory of one of the parties increase in proportions or conditions such as they cause or may cause harm to national producers of similar or directly competitive products, the Community or the Kyrgyz Republic, as the case may be, may take appropriate measures under the conditions and procedures set out below.
2. Before taking action or, as soon as practicable, in the case of application of paragraph 4, the Community or the Kyrgyz Republic, as the case may be, shall provide the Co-operative Council with all relevant information for the search for a solution acceptable to both parties, as provided for in Part IX.
3. If, as a result of the consultations, the parties fail to reach an agreement, within 30 days of the referral of the Co-operation Council, on the actions to be taken to remedy the situation, the party requesting the consultations is free to limit the imports of the affected products to the extent and during the period necessary to prevent or repair the damage, or to adopt any other appropriate measures.
4. In critical circumstances, where a delay may result in difficult repairs, the parties may take action before the consultations, provided that consultations are proposed immediately after the adoption of these measures.
5. In choosing the measures to be taken under this Article, the contracting parties shall accord priority to those that at least disrupt the achievement of the objectives of this Agreement.
6. Nothing in this section prejudges or affects in any way the adoption by either of the parties of anti-dumping or compensatory measures in accordance with Article VI of the GATT, the agreement on the implementation of Article VI of the GATT, the agreement on the interpretation and application of Articles VI, XVI and XXIII of the GATT or its corresponding domestic legislation.
Article 14
The parties undertake to adjust the provisions of this Agreement in accordance with the circumstances, including the situation resulting from the accession of the Kyrgyz Republic to the GATT. The Co-operation Council may make recommendations to the Parties regarding adjustments, which, if accepted, may be implemented by agreement between the parties in accordance with their respective procedures.
Article 15
The agreement does not hinder the prohibitions or restrictions of import, export or transit, justified by reasons of public morality, public order, public security, protection of the health and life of persons and animals or the preservation of plants, protection of natural resources, protection of national treasures with an artistic, historical or archaeological value or protection of intellectual, industrial and commercial property, or regulations relating to the natural resources and However, such prohibitions or restrictions should not constitute a means of arbitrary discrimination or a disguised restriction in trade between the parties.
Article 16
This title does not apply to the exchange of textile products under Chapters 50 to 63 of the combined nomenclature. The exchange of these products is governed by a separate agreement, which was signed on 15 October 1993 and has been provisionally applied since 1 October 1993.^er January 1994.
Article 17
1. The exchange of products covered by the Treaty establishing the European Coal and Steel Community is governed by the provisions of this title, with the exception of Article 11.
2. There is a contact group on coal and steel issues, composed of representatives of the Community, on the one hand, and representatives of the Kyrgyz Republic, on the other.
This contact group regularly exchanges information on all coal and steel issues of interest to the parties.
Article 18
The trade in nuclear materials is subject to the provisions of a specific agreement between the European Atomic Energy Community and the Kyrgyz Republic.
PART IV
Trade and investment provisions
CHAPTER I. - Employment conditions
Article 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 citizens of the Kyrgyz Republic legally employed in the territory of a Member State are not discriminated against on the basis of nationality, with regard to the conditions of work, remuneration or termination, with respect to nationals of that Member State.
2. Subject to the laws, conditions and procedures applicable to Kyrgyzstan, the Kyrgyz Republic shall endeavour to ensure that workers who are nationals of a Member State, legally employed in its territory, are not discriminated against on the basis of nationality, with regard to the conditions of work, remuneration or dismissal, in relation to its own nationals.
Rule 20
The Cooperation Council considers joint efforts that can be made to control illegal immigration, taking into account the principle and practice of readmission.
Article 21
The Cooperation Council examines the improvements that can be made to the working conditions of businessmen in accordance with the international commitments of the parties, including those defined in the Bonn CSCE Conference document.
Article 22
The Cooperation Council makes recommendations for the implementation of articles 19, 20 and 21.
CHAPTER II
Conditions for the establishment and operation of companies
Article 23
1. The Community and its Member States grant no less favourable treatment than that granted to third-country companies for the establishment, as defined in Article 25, of Kyrgyz companies that create subsidiaries or branches on their territory, and reserve to Kirghize subsidiaries and branches of companies established in their territory a treatment not less favourable than that granted to companies or branches of a third-country, with respect to their laws and regulations
2. Without prejudice to the provisions of sections 35 and 84, the Kyrgyz Republic reserves to community corporations and their branches, with respect to their establishment and operation, as defined in Article 25, in its territory, no less favourable treatment than that granted to its own companies and branches or to companies and branches of a third country, if such treatment is better, in accordance with its laws and regulations.
Article 24
The provisions of section 23 do not apply to air, river and marine transportation.
Rule 25
For the purposes of this Agreement:
(a) "community society" or " Kirghize society" respectively: a corporation incorporated in accordance with the laws of a member State or the Kyrgyz Republic and having its registered office, central administration or principal institution in the territory of the Community or the Kyrgyz Republic. However, if the company, incorporated in accordance with the legislation of a Member State or the Kyrgyz Republic, has only its registered office in the territory of the Community or the Kyrgyz Republic, it is considered to be a community society or a Kyrgyz society if its activity has an effective and continuous connection with the economy of one of the Member States or Kyrgyzstan, respectively;
(b) "subsidiary" of a society: a society effectively controlled by the first;
(c) "succursal" of a company: an institution that does not have the legal personality that has the appearance of the permanence, such as the extension of a parent company, has its own management and is materially equipped to negotiate business with third parties in such a way that the latter, although knowing that there will be, if necessary, a legal relationship with the parent company, whose seat is held abroad, are not
(d) "establishment": the right of community corporations or Kirghizes defined in (a) to access economic activities through the creation of subsidiaries and branches in Kyrgyzstan or the Community, respectively;
(e) "exploitation": the exercise of economic activity;
(f) "economic activities": industrial or commercial activities and liberal professions.
With regard to international maritime transport, including intermodal operations involving a maritime route, also benefit from the provisions of this chapter and chapter III of the nationals of the member States or the Kyrgyz Republic, established outside the Community or Kyrgyzstan respectively, and the shipping companies established outside the Community or Kyrgyzstan and controlled by nationals of a Member State or the Kyrgyz Republic, if their ships are registered in the Kyrgyz Republic.
Rule 26
1. Notwithstanding any other provision of this Agreement, it is not an obstacle to the adoption by a portion of prudential measures, in particular to ensure the protection of investors, depositors, insurance or trustees, or to preserve the integrity and stability of the financial system. Where such measures are not in conformity with the provisions of this Agreement, they may not be used to escape obligations to a party under this Agreement.
2. Nothing in this Agreement shall be construed to require a party to disclose information relating to the affairs and accounts of individual clients or any confidential or protected information in possession of public institutions.
Rule 27
The provisions of this Agreement shall not prejudge the application by each party of any measures necessary to prevent the measures it has taken with respect to the access of third countries to its market from being circumscribed by the provisions of this Agreement.
Rule 28
1. By derogation from the provisions of Chapter I of this title, a community corporation or a Kyrgyz corporation established in the territory of the Kyrgyz Republic or the Community, respectively, has the right to use or employ by one of its subsidiaries or branches, in accordance with the legislation in force in the host country, in the territory of the Kyrgyz Republic and the Community, respectively, of nationals of the member States of the Community The residence and work permits of these people cover only the period of employment.
2. The basic staff of the companies referred to in this article, below referred to as "firms", is composed of "persons transferred between companies", as defined in point (c), and belonging to the following categories, provided that the firm has a legal personality and that the persons concerned have been employed by that firm or have been partners of that firm (other than majority shareholders) for at least one year before that transfer:
(a) executives of a firm, whose main function is to manage the establishment, under the control or general direction of the board of directors or shareholders or their equivalents, their function of:
- direct the establishment or service or section of the establishment,
- monitor and control the work of other employees requiring supervisory or managerial functions or technical functions,
- to initiate or terminate or recommend the hiring or dismissing of staff or to take other measures relating to staff, under the authority conferred upon them;
(b) persons employed by a firm that possesses exceptional essential competencies for the service, research equipment, technology or management of the facility. The assessment of this knowledge may include, in addition to the knowledge specific to the institution, the high level of competence for a type of work or activity requiring specific technical knowledge, including membership in an accredited profession;
(c) a "person transferred between companies" is defined as a natural person working for a firm in the territory of a party and temporarily transferred as part of the exercise of economic activities in the territory of the other party; the concerned firm must have its principal place of business in the territory of a party and the transfer must be made to an establishment (subsidiary, branch) of that firm, actually carrying out similar economic activities in the territory of the other party.
Rule 29
The parties recognize the importance of the mutual granting of national treatment with respect to the establishment and operation of their respective companies in their territory and agree to consider the possibility of taking measures for this purpose in mutually satisfactory terms and in the light of the recommendations of the Cooperation Council.
Rule 30
1. The parties shall, to the extent possible, endeavour to avoid taking action or undertaking actions that would make the conditions for the establishment and operation of their societies more restrictive than they were on the day before the date of signing this Agreement.
2. The provisions of this Article shall be without prejudice to those of Article 38: the situations covered by Article 38 shall be governed only by the provisions of Article 38 except for any other provision.
3. Acting in the spirit of partnership and cooperation and in the light of the provisions of Article 44, the Government of the Kyrgyz Republic shall inform the Community of its intention to propose new legislation or to adopt new regulations that may render the conditions of establishment or operation in Kyrgyzstan of branches and affiliates of more restrictive community companies that they were not on the day before the date of signing of this Agreement. The Community may request the Kyrgyz Republic to provide it with bills or regulations and to consult on this matter.
4. Where new legislation or regulations introduced in Kyrgyzstan are likely to make the operating conditions of branches and subsidiaries of community-based companies established in Kyrgyzstan more restrictive than they were on the date of the signing of this Agreement, they do not apply, for the three years following the entry into force of the Act in question, to subsidiaries and branches already established in Kyrgyzstan at the time of the entry into force of this Agreement.
CHAPTER III. - Cross-border services between the Community and Kyrgyzstan
Rule 31
1. The parties undertake, in accordance with the provisions of this chapter, to take the necessary steps to gradually authorize the provision of services by the community companies or Kirghizes that are established in a party other than the recipient of the services, taking into account the evolution of the service sector in both parties.
2. The Cooperation Council makes the necessary recommendations for the implementation of paragraph 1.
Rule 32
The parties cooperate with a view to developing in Kyrgyzstan a service sector that obeys market laws.
Rule 33
1. With regard to international shipping, the parties undertake to effectively apply the principle of free market access and traffic on a commercial basis:
(a) that provision does not prejudge the rights and obligations arising from the United Nations Convention on a Code of Conduct for Maritime Conferences applicable to either of the parties to this Agreement. Off-Conference companies are free to compete with a conference, as long as they adhere to the principle of fair competition on a commercial basis;
(b) the parties affirm their adherence to the principle of free competition for the trade in bulk, dry and liquid.
2. In applying the principles of paragraph 1, the parties shall:
(a) refrain from applying, from the entry into force of this Agreement, clauses for the sharing of bilateral agreements between a Member State of the Community and the former Soviet Union;
(b) refrain from introducing, in future bilateral agreements with third countries, cargo-sharing clauses, except in exceptional circumstances where shipping companies of either party to this Agreement would not otherwise have the opportunity to participate effectively in traffic to and from the third country concerned;
(c) prohibit, in future bilateral agreements, cargo-sharing clauses concerning bulk, dry and liquid;
(d) abolish, upon the entry into force of this Agreement, all unilateral measures, administrative, technical and other impediments that may have a restrictive or discriminatory effect on the free provision of services in international shipping.
Rule 34
In order to ensure a coordinated development of transport between the parties, adapted to their commercial needs, the conditions for mutual access to the market and the provision of transport services by road, rail and inland waterway and, where appropriate, air transport, may be subject to specific agreements that will be negotiated between the parties after the entry into force of this Agreement.
CHAPTER IV. - General provisions
Rule 35
1. The provisions of this title apply subject to limitations justified by public, public or public health reasons.
2. They do not apply to activities that, in the territory of either party, are related, even occasionally, to the exercise of public power.
Rule 36
For the purposes of this title, no provision of this Agreement shall hinder the application by the parties of their laws and regulations relating to admission and residence, employment, working conditions, the establishment of natural persons and the provision of services, provided that the benefits derived by one of the parties from a specific provision of this Agreement are not reduced or compromised. This provision is without prejudice to the application of section 35.
Rule 37
Companies controlled and wholly owned jointly by Kyrgyz companies and community companies also benefit from the provisions of chapters II, III and IV.
Rule 38
The treatment granted, since the day preceding one month, the date of entry into force of the relevant obligations arising from the General Agreement on Trade in Services (GATS), by one of the parties to the other party under this Agreement is in no way more favourable, in respect of the sectors or measures covered by the GATS, than that granted by that first part in accordance with the provisions of the GATS, and in any sector,
Rule 39
For the purposes of chapters II, III and IV, it is not taken into account the treatment granted by the Community, its Member States or the Kyrgyz Republic under commitments entered into in economic integration agreements in accordance with the principles of Article V of the GATS.
Rule 40
1. The treatment of the most favoured nation granted in accordance with the provisions of this Title does not apply to the tax benefits that the parties grant or grant in the future on the basis of agreements to avoid double taxation or other tax arrangements.
2. Nothing in this title shall be construed to prevent the adoption or application by the parties of a measure to avoid tax evasion in accordance with the tax provisions of agreements to avoid double taxation and other tax arrangements or national tax legislation.
3. Nothing in this title shall be construed in such a way as to prevent Member States or the Kyrgyz Republic from distinguishing, in the application of the relevant provisions of their tax legislation, between taxpayers who are not in identical situations, in particular with respect to their place of residence.
Rule 41
Without prejudice to Article 28, no provision of Chapters II, III and IV shall be construed as giving right:
- to nationals of member States or the Kyrgyz Republic to enter or remain in the territory of the Kyrgyz Republic or the Community, respectively, in any capacity, and in particular as shareholders or partners of a company or managers or employees of that company or service providers or beneficiaries;
- to branches or community affiliates of Kirghizes companies to use or use in the territory of the Kirghize Nationals Community;
- to branches or affiliates Kirghizes of community companies to use or employ nationals of member states in the territory of the Kyrgyz Republic;
- to Kyrgyz companies or community branches or subsidiaries of Kyrgyz companies to provide Kirghizes nationals to act on behalf of and under the control of other persons under temporary employment contracts;
- to community companies or Kyrgyz subsidiaries or branches of community companies to provide workers who are nationals of member states under temporary employment contracts.
CHAPTER V. - Current payments and capital
Rule 42
1. The parties undertake to authorize, in a freely convertible currency, all current payments related to the balance of current transactions between residents of the Community and the Kyrgyz Republic that are related to the movement of goods, services or persons carried out in accordance with this Agreement.
2. With respect to transactions relating to the balance of capital transactions, the parties shall ensure, from the date of entry into force of this Agreement, the free movement of capital in respect of direct investment in incorporated companies in accordance with the laws of the host country and the investments made in accordance with the provisions of Chapter II, as well as the liquidation or repatriation of the proceeds of such investments and any benefit arising therefrom.
3. Without prejudice to paragraph 2 or paragraph 5, the parties shall refrain from the entry into force of this Agreement, introduce new exchange restrictions affecting capital movements and current payments related to these movements between residents of the Community and the Kyrgyz Republic and make existing arrangements more restrictive.
4. The parties shall consult with a view to facilitating the movement of capital types other than those mentioned in paragraph 2 between the Community and Kyrgyzstan so as to promote the objectives of this Agreement.
5. On the basis of the provisions of this Article, as long as the total convertibility of the currency of the Kyrgyz Republic within the meaning of Article VIII of the statutes of the International Monetary Fund (IMF) has not been established, the Kyrgyz Republic may, in exceptional circumstances, apply exchange restrictions related to the granting or obtaining of short- and medium-term financial credits, to the extent that these restrictions are imposed on it for the IMF It applies these restrictions in a non-discriminatory manner. These restrictions must at least disrupt the operation of this Agreement. The Kyrgyz Republic promptly informs the Cooperation Council of the adoption of such measures and of any changes it may make.
6. Without prejudice to paragraphs 1 and 2, where, in exceptional circumstances, the free movement of capital between the Community and Kyrgyzstan causes or may cause serious difficulties in the functioning of the exchange policy or monetary policy of the Community or the Kyrgyz Republic, the Community and the Kyrgyz Republic may, respectively, take safeguard measures with regard to the strictly necessary capital movements between the Community and Kyrgyzstan for a period not exceeding six months.
CHAPTER VI
Protection of intellectual, industrial and commercial property
Rule 43
1. In accordance with the provisions of this Article and Annex II, the Kyrgyz Republic 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. The Cooperation Council may extend the period referred to above in the light of special circumstances prevailing in Kyrgyzstan.
2. At the end of the fifth year following the entry into force of this Agreement, the Kyrgyz Republic adheres to the multilateral conventions on intellectual, industrial and commercial property referred to in Annex II paragraph 1 to which the Member States are parties or which are applied de facto by the Member States in accordance with the relevant provisions of these conventions.
PART V. - Legislative cooperation
Rule 44
1. The parties recognize that an important condition for strengthening economic ties between the Kyrgyz Republic and the Community is the approximation of the existing and future legislation of the Kyrgyz Republic with that of the Community. The Kyrgyz Republic is making every effort to ensure that its legislation is progressively compatible with community legislation.
2. The approximation of legislation includes, in particular, the following areas: customs legislation, corporate law, bank law, accounting and corporate taxation, intellectual property, workplace protection, financial services, competition rules, public procurement, protection of the health and life of persons, animals and plants, environment, consumer protection, indirect taxation, technical rules and standards, nuclear laws and regulations, transport.
3. The Community provides technical assistance to the Kyrgyz Republic for the implementation of these measures, including:
- the exchange of experts,
- the provision of rapid information, including legislation,
- organization of seminars,
- organization of training activities,
- assistance for the translation of community legislation in the sectors concerned.
4. The parties agree to consider how to apply their respective competition rules in a concerted manner in the event that the exchanges between the parties are affected.
PART VI. - Economic cooperation
Rule 45
1. The Community and the Kyrgyz Republic establish economic cooperation to contribute to the process of economic reform and recovery and to the sustainable development of Kyrgyzstan. This cooperation reinforces existing economic ties in the interest of both parties.
2. Policies and other measures aim to promote economic and social reforms and the restructuring of the economic system in Kyrgyzstan and are guided by the principles of harmonious social sustainability and development; They also fully incorporate environmental considerations.
3. To this end, cooperation is focused on economic and social development, human resource development, support to businesses (privatization, investment and development of financial services in particular), agriculture and the food sector, energy and civil nuclear safety, transport, tourism, environmental protection and regional cooperation.
4. Particular attention is paid to measures that could promote cooperation among independent States with a view to stimulating harmonious development in the region.
5. Where applicable, economic cooperation and other forms of cooperation under this Agreement may be supported by technical assistance from the Community, taking into account the rules of the Council of the European Union applicable to technical assistance to the independent States, the priorities agreed in the indicative programme of technical assistance of the Community to the Kyrgyz Republic and the coordination and implementation procedures set out therein.
Rule 46
Industrial cooperation
1. In particular, cooperation aims to promote:
- the development of trade links between the economic operators of both parties;
- the participation of the Community in the efforts of Kyrgyzstan to restructure its industry;
- improved management;
- the establishment of adequate trade rules and practices;
- environmental protection.
2. The provisions of this section do not affect the application of community competition rules to businesses.
Rule 47
Promotion and protection of investments
1. In keeping with the respective powers and competences of the Community and its member States, cooperation aims to create an enabling environment for investment, both domestic and foreign, in particular through better conditions for the protection of investments, the transfer of capital and the exchange of information on investment opportunities.
2. The objectives of cooperation include:
- the conclusion, if any, between the Member States and the Kyrgyz Republic of agreements for the promotion and protection of investments,
- the conclusion, if any, between the Member States and the Kyrgyz Republic, of agreements to avoid double taxation,
- the creation of favourable conditions to attract foreign investment in the Kirghize economy,
- the establishment of stable and adequate trade laws and conditions, as well as the exchange of information on laws, regulations and administrative practices in the field of investment,
- the exchange of information on investment opportunities within, inter alia, trade fairs, exhibitions, commercial weeks and other events.
Rule 48
Public procurement
The parties cooperate to promote open competition in procurement of goods and services, including through tenders.
Rule 49
Cooperation in the field of standards and conformity assessment
1. Cooperation between the parties aims to encourage alignment with the international quality criteria, principles and guidelines, facilitate mutual recognition in the field of conformity assessment, and improve the quality of the Kirghize products.
2. To this end, the parties endeavour to cooperate in technical assistance projects to:
- promote appropriate cooperation with organizations and specialized agencies in these areas,
- promote the use of the Community's technical rules and the application of European conformity assessment standards and procedures,
- promote the sharing of experience and technical information in quality management.
Rule 50
Mining and raw materials
1. The parties aim to increase investment and trade in the mining and raw materials sector.
2. In particular, cooperation focuses on:
- the exchange of information on developments in the mining sector and the non-ferrous metal sector,
- the establishment of a legal framework for cooperation,
- trade issues,
- the adoption and implementation of legislative measures in the field of environmental protection,
- training,
- safety in the mining industry.
Rule 51
Cooperation in science and technology
1. The parties promote, in their mutual interest, cooperation in the field of civil scientific research and technological development and, taking into account available resources, appropriate access to their respective programmes, subject to the effective and adequate protection of intellectual, industrial and commercial property rights.
2. Cooperation in science and technology includes:
- the exchange of scientific and technological information,
- joint research and development activities,
- training activities and mobility programmes for scientists, researchers and technicians from both sides working in the field of research and technological development.
Where such cooperation is carried out in activities related to education and/or training, it must comply with the provisions of Article 52.
On the basis of mutual agreement, parties can engage in other forms of cooperation in science and technology.
As part of these cooperation activities, special attention is given to the redeployment of scientists, engineers, researchers and technicians who participate or have participated in the research and/or production of weapons of mass destruction.
3. Cooperation under this article shall be implemented in accordance with specific arrangements negotiated and concluded in accordance with the procedures adopted by each party, which shall, inter alia, establish appropriate provisions on intellectual, industrial and commercial rights.
Rule 52
Education and training
1. The parties cooperate to raise the level of general education and professional qualifications in Kyrgyzstan, both public and private sectors.
2. In particular, cooperation focuses on:
- the rehabilitation of higher education and training systems in Kyrgyzstan, including the certification system of higher education institutions and higher education diplomas,
- training of public and private sector managers and officials in priority areas to be determined,
- cooperation between educational institutions and between educational institutions and enterprises,
- the mobility of teachers, graduates, administrators, young scientists and researchers, as well as young people,
- the promotion of European studies in appropriate institutions,
- teaching community languages,
- the post-university training of conference interpreters,
- training journalists,
- training trainers.
3. The possible participation of a party in the various education and training programmes of the other party could be considered in accordance with their respective procedures and, where appropriate, institutional frameworks and cooperation programmes will then be established in line with the participation of the Kyrgyz Republic in the TEMPUS programme of the Community.
Rule 53
Agriculture and agro-industrial sector
In this area, cooperation aims to promote agrarian reform, modernization, privatization and restructuring of agriculture, the agro-industrial sector and the services sector in Kyrgyzstan, to develop national and international markets for Kyrgyz products, in conditions ensuring the protection of the environment, taking into account the need to improve the security of food supply, the development of the agro-industrial complex, the transformation and the distribution. The parties are also aiming to gradually bring Kirghize standards closer to community technical regulations on industrial and agricultural food, including sanitary and phytosanitary standards.
Rule 54
Energy
1. Co-operation is part of the principles of the market economy and the European Energy Charter and is developing in the perspective of a progressive integration of energy markets in Europe.
2. Cooperation includes:
- the impact on the environment of energy production and consumption, with the aim of avoiding or minimizing environmental damage resulting from these activities,
- the improvement of the quality and safety of energy supply, including the diversification of suppliers, in an economically and environmentally sound manner,
- the formulation of an energy policy,
- improving the management and regulation of the energy sector in accordance with a market economy,
- the realization of a set of institutional, legal, fiscal and other conditions necessary to encourage exchanges and investments in energy,
- promoting energy savings and energy efficiency,
- the modernization of energy infrastructure,
- improvement of supply and end-use technologies regardless of energy type,
- management and technical training in the energy sector;
- the security of energy supply, transport and transit of energy and energy materials.
Rule 55
Environment
1. In the spirit of the European Energy Charter, the parties develop and strengthen their cooperation in the field of environment and human health.
2. Cooperation aims to combat environmental degradation, including:
- effective pollution monitoring and environmental assessment; an environmental information system,
- the fight against local, regional and transboundary air and water pollution,
- rehabilitation of the environment,
- sustainable, efficient and ecological production and consumption of energy,
- safety of industrial facilities,
- classification and safe handling of chemical substances,
- water quality,
- the reduction, recycling and clean disposal of waste, the implementation of the Basel Convention,
- the impact of agriculture on the environment; soil erosion; chemical pollution,
- forest protection,
- the preservation of biodiversity and protected areas, as well as the sustainable use and management of biological resources,
- spatial planning, including construction and urban planning,
- the use of economic and fiscal instruments,
- the evolution of the global climate,
- ecological education and awareness,
- technical assistance in the rehabilitation of areas affected by radioactivity and the resulting socio-sanitary problems;
- the implementation of the Espoo Convention on Environmental Impact Assessment in a Transboundary Context.
3. Cooperation will include:
- disaster planning and other emergencies,
- exchange of information and experts, including in the transfer of clean technologies and the safe and ecological use of biotechnology,
- joint research activities,
- adaptation of legislation (community standards),
- regional cooperation, including within the framework of the European Environment Agency, and at the international level,
- development of strategies, in particular with regard to global and climatic problems and the achievement of sustainable development,
- Environmental impact studies.
Rule 56
Transport
The parties develop and strengthen their cooperation in the field of transport.
This cooperation aims, inter alia, to restructure and modernize transport systems and networks in Kyrgyzstan and to develop and ensure, where appropriate, the compatibility of transport systems with a view to globalization.
Cooperation includes:
- the modernization of the management and operation of road transport, railways, ports and airports,
- the modernization and development of road, rail, port, airport and inland waterways, including the modernization of the main axes of common interest and trans-European links for the above-mentioned modes of transport,
- the promotion and development of multimodal transport
- promoting joint research and development programmes,
- the preparation of the legal and institutional framework for the development and implementation of a transport policy including the privatization of the transport sector.
Rule 57
Postal services and telecommunications
As part of their respective powers and expertise, the parties extend and strengthen cooperation in the following areas:
- the development of policies and guidelines for the development of the telecommunications and postal services sector,
- the formulation of the principles of tariff policy and the marketing of telecommunications and postal services,
- the execution of technology transfer and know-how, particularly with regard to European technical standards and certification systems,
- the encouragement of the development of telecommunication and postal services projects and the attraction of investments,
- improving the efficiency and quality of telecommunications and postal services, including through the liberalization of subsector activities,
- the advanced application of telecommunications, particularly in the area of the transfer of electronic funds,
- the management of telecommunications networks and their optimization,
- the definition of an appropriate regulatory basis for the provision of telecommunications and postal services and for the use of the range of radio frequencies,
- training in the field of telecommunications and postal services for operation under market conditions.
Rule 58
Financial services
In particular, cooperation aims to facilitate the integration of the Kyrgyz Republic into universally accepted regulatory systems. Technical assistance will be focused on:
- the development of banking and financial services, the establishment of a common finance market, the integration of the Kyrgyz Republic into universally accepted settlement systems,
- the development in Kyrgyzstan of a public financial system and public financial institutions as well as the exchange of experience and the training of staff,
- the development of insurance services, which would create, among other things, a framework conducive to the participation of community companies in the establishment of joint ventures in the insurance sector in Kyrgyzstan, as well as the development of export credit insurance,
This cooperation will in particular contribute to the development of relations between Kyrgyzstan and the member States of the Community in the financial services sector.
Rule 59
Money laundering
1. The parties agree on the need to work and cooperate in order to prevent the use of their financial systems to money laundering from criminal activities in general and illicit drug trafficking in particular.
2. Cooperation in this area includes administrative and technical assistance to establish appropriate standards to combat money-laundering, comparable to those adopted in this area by the Community and international bodies active in this area, including the international financial action group (FATF).
Rule 60
Regional development
1. The parties strengthen their cooperation in the area of regional development and land development.
2. To this end, the parties encourage the exchange of information by national, regional and local authorities on regional policy and land-use planning as well as on regional policy formulation methods, including on the development of disadvantaged regions.
They also encourage direct contacts between the respective regions and the public bodies responsible for regional development planning with the aim, inter alia, to exchange methods and means to encourage regional development.
Rule 61
Social cooperation
1. In the area of health and safety, the parties develop their cooperation to improve the level of protection of workers' health and safety.
Cooperation includes:
- health and safety education and training, with special attention given to high-risk sectors of activities,
- the development and promotion of preventive measures to combat diseases and other occupational conditions,
- the prevention of major accidents and the management of toxic chemicals,
- research for the development of the knowledge base on the work environment and the health and safety of workers.
2. In the area of employment, cooperation includes technical assistance related to:
- the optimization of the labour market,
- the modernization of investment and orientation services,
- planning and management of restructuring programmes,
- encouraging local employment development,
- the exchange of information on flexible employment programs, including those that stimulate self-employment and encourage entrepreneurial spirit.
3. The parties pay particular attention to cooperation in the area of social protection, including cooperation in planning and implementing social protection reforms in Kyrgyzstan.
These reforms aim to develop market-specific protection methods in Kyrgyzstan and include all forms of social protection.
Rule 62
Tourism
The parties intensify and develop their cooperation, including:
- promoting tourism exchanges,
- by increasing the flow of information,
- transferring know-how,
- examining possibilities for joint actions,
- ensuring cooperation between official tourism bodies,
- providing training for tourism development.
Rule 63
Small and medium-sized enterprises
1. The parties aim to develop and strengthen small and medium-sized enterprises and their associations as well as cooperation between small and medium-sized enterprises of the Community and Kyrgyzstan.
2. Cooperation includes technical assistance, including:
- creation of a legislative framework for small and medium-sized enterprises,
- development of appropriate infrastructure (small and medium-sized business support agency, communications, support for the creation of a small and medium-sized business fund),
- creation of technological parks.
Rule 64
Information and communication
The parties support the development of modern information management methods, including media, and promote effective information exchange. Priority is given to programs to provide the general public with basic information about the Community and Kyrgyzstan, including, to the extent possible, access to databases, taking into account intellectual property rights.
Rule 65
Consumer protection
The parties establish close cooperation among themselves to achieve compatibility between their consumer protection systems. This cooperation includes the exchange of information on legislative activities and institutional reforms, the establishment of permanent systems of reciprocal information on hazardous products, the improvement of information provided to consumers particularly in terms of prices and characteristics of products and services offered, the development of exchanges between consumer interests representatives and the improvement of the compatibility of consumer protection policies and the organization of seminars and training courses.
Rule 66
Customs
1. Cooperation is aimed at ensuring compliance with all provisions for fair trade and trade and at bringing the customs regime of Kyrgyzstan closer to that of the Community.
2. Cooperation includes:
- exchange of information,
- improvement of working methods,
- introduction of the combined nomenclature and single administrative document,
- interconnection between transit systems of the Community and Kyrgyzstan,
- simplification of controls and formalities with regard to the transport of goods,
- support for the introduction of modern customs information systems,
- organization of seminars and training courses.
Technical assistance is provided if necessary.
3. Without prejudice to other forms of cooperation provided for in this Agreement, particularly in Article 69, mutual assistance in customs matters between the administrative authorities of the parties shall be governed by the provisions of the protocol annexed to this Agreement.
Rule 67
Statistical cooperation
Cooperation in this area aims to establish an effective statistical system to provide reliable statistics, necessary to support and monitor the process of economic reforms and contribute to the development of the private enterprise in Kyrgyzstan.
The parties cooperate in particular in the following areas:
- adaptation of the Kirghize statistical system to international methods, standards and classifications,
- exchange of statistical information,
- provision of macroeconomic and micro-economic statistical information necessary for the implementation and management of economic reforms.
The Community provides technical assistance to the Kyrgyz Republic for this purpose.
Rule 68
Economic science
The parties facilitate the process of economic reform and the coordination of economic policies through cooperation to improve the understanding of the fundamental mechanisms of their respective economies and the design and implementation of economic policy in market economies. To this end, they exchange information on macroeconomic results and perspectives.
The Community provides technical assistance to:
- to assist the Kyrgyz Republic in the economic reform process by providing specialized advice and technical assistance,
- encourage cooperation between economists in order to accelerate the transfer of the know-how necessary for the formulation of economic policies and to ensure a wide dissemination of the results of the related research.
Rule 69
Drug control
As part of their respective powers and competences, the parties cooperate to increase the effective application and effectiveness of policies and measures to combat the illicit production, supply and trafficking of narcotic drugs and psychotropic substances, including the prevention of the diversion of chemical precursors, as well as to promote the prevention and reduction of drug demand. Cooperation in this area is based on mutual consultation and close coordination among the parties with regard to the objectives and measures in the various areas of drug control.
PART VIII. - Cultural cooperation
Rule 70
The parties undertake to promote, encourage and facilitate cultural cooperation. Where applicable, the cultural cooperation programs of the Community or those of one or more of its member States may be co-operative, and other activities of common interest may be undertaken.
PART VIII
Financial cooperation in technical assistance
Rule 71
In order to achieve the objectives of this Agreement and in accordance with Articles 72, 73 and 74, the Kyrgyz Republic is granted temporary financial assistance to it by the Community through technical assistance in the form of grants to accelerate its economic reform process.
Rule 72
This financial assistance is covered by the measures set out in the TACIS programme and the Council of the European Union Regulation.
Rule 73
The objectives and areas of the Community's financial assistance will be defined in an indicative programme reflecting agreed priorities between the two parties, taking into account the needs of Kyrgyzstan, its sectoral capacity for absorption and the evolution of reforms. The parties shall inform the Cooperation Council.
Rule 74
In order to maximize the use of available resources, the parties ensure that there is close coordination between the Community's technical assistance and the contributions of other stakeholders, such as the Member States, other countries and international organizations, such as the International Bank for Reconstruction and Development and the European Bank for Reconstruction and Development.
PART IX. - Institutional, general and final provisions
Rule 75
A Cooperation Council is established to oversee the implementation of this Agreement. The Cooperation Council meets at the ministerial level once a year. It shall consider any important issues arising under this Agreement, as well as any other bilateral or international matter of mutual interest, with a view to achieving the objectives of this Agreement. It may also make appropriate recommendations, in common agreement between the two parties.
Rule 76
1. The Council of Cooperation is composed, on the one hand, of members of the Council of the European Union and members of the Commission of the European Communities and, on the other, of members of the Government of the Kyrgyz Republic.
2. The Council of Cooperation shall determine its rules of procedure.
3. The Presidency of the Cooperation Council is in turn exercised by a representative of the Community and by a member of the Government of the Kyrgyz Republic.
Rule 77
1. The Council of Cooperation is assisted, in carrying out its tasks, by a cooperation committee composed, on the one hand, of representatives of the members of the Council of the European Union and members of the Commission of the European Communities and, on the other, representatives of the government of the Kyrgyz Republic, normally at the level of senior officials. The chair of the cooperation committee is exercised in turn by the Community and the Kyrgyz Republic.
In its rules of procedure, the Cooperation Council determines the mission of the Cooperation Committee, which includes the preparation of the meetings of the Cooperation Council, as well as the mode of operation of that Committee.
2. The Cooperation Council may delegate all or part of its competence to the Cooperation Committee, which will ensure continuity between the meetings of the Cooperation Council.
Rule 78
The Co-operation Council may decide to establish any other committee or body to assist it in carrying out its tasks and determine its composition, mission and operation.
Rule 79
In considering an issue that arises under this Agreement in relation to a provision referring to an Article of the GATT, the Cooperation Council shall take into account, to the extent possible, the generally given interpretation of the Article of the GATT in question by the Contracting Parties of the GATT.
Rule 80
A parliamentary committee for cooperation is established. This committee is a forum where members of the Kyrgyz Parliament and members of the European Parliament meet and exchange their views. It meets according to a periodicity that it determines.
Rule 81
1. The parliamentary committee for cooperation is composed, on the one hand, of members of the European Parliament and, on the other, of members of the Kyrgyz Parliament.
2. The Parliamentary Committee for Cooperation sets out its rules of procedure.
3. The chair of the parliamentary committee for cooperation is exercised in turn by the European Parliament and by the Kyrgyz Parliament, in accordance with the rules of procedure.
Rule 82
The Parliamentary Cooperation Committee may request the Co-operation Council to provide it with any useful information regarding the implementation of this Agreement; the Cooperation Council shall provide the information requested.
The Parliamentary Cooperation Committee is informed of the recommendations of the Cooperation Council.
The Parliamentary Cooperation Committee may make recommendations to the Cooperation Council.
Rule 83
1. Under this Agreement, each party undertakes to ensure the access of the natural and legal persons of the other party, without any discrimination in relation to its own nationals, to the competent courts and administrative bodies of the parties so that they can assert their individual and real rights, including those relating to intellectual, industrial and commercial property.
2. Within their respective powers and competences, the parties shall:
- encourage the use of arbitration for the settlement of disputes arising from commercial transactions and cooperation between the economic operators of the Community and those of Kyrgyzstan;
- agree that, where a dispute is subject to arbitration, each party to the dispute may, except in the case where the rules of the arbitration centre chosen by the parties otherwise have, choose its own arbitrator, irrespective of its nationality, and that the third arbitrator or sole arbitrator may be a third-party national;
- recommend to their economic operators to agree on the law applicable to their contracts;
- encourage the use of arbitration rules developed by the United Nations Commission on International Trade Law (UNCITRAL) and arbitration by any centre of a State signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, signed in New York on 10 June 1958.
Rule 84
Nothing in this Agreement prevents a party from taking the measures:
(a) considers it necessary to prevent the disclosure of information contrary to the essential interests of its security;
(b) that relate to the production or trade of weapons, ammunition or war-related equipment or to research, development or production essential to its defence, provided that such measures do not adversely affect competition conditions for non-military products;
(c) that it considers essential to ensure its security in the event of serious internal disturbances that may affect public peace, in the event of a serious war or international tension that poses a threat of war or to fulfil its obligations to ensure the maintenance of peace and international security;
(d) that it considers necessary to meet its international obligations and commitments to control dual-use industrial goods and technologies.
Rule 85
1. In the areas covered by this Agreement and without prejudice to any particular provision contained therein:
- the regime applied by the Kyrgyz Republic with respect to the Community shall not discriminate between Member States, their nationals or their societies;
- the regime applied by the Community with respect to the Kyrgyz Republic cannot discriminate between citizens of the Kyrgyz Republic or its societies.
2. The provisions of subsection 1 are without prejudice to the right of the parties to apply the relevant provisions of their tax legislation to taxpayers who are not in an identical situation as to their place of residence.
Rule 86
1. Each party may refer to the Cooperation Council for any dispute relating to the application or interpretation of this Agreement.
2. The Cooperation Council may resolve disputes by recommendation.
3. If it is not possible to resolve the dispute in accordance with paragraph 2, each party may notify the designation of a conciliator to the other party, which is then required to designate a second arbitrator within two months. For the purposes of this procedure, the Community and the Member States are considered to be a single party to the dispute.
The Cooperation Council shall designate a third conciliator.
The recommendations of the conciliators are made by a majority. These recommendations are not mandatory for parties.
Rule 87
The parties agree to consult with each other expeditiously at the request of one of them to consider any matters relating to the interpretation or application of this Agreement and other relevant aspects of their mutual relations.
The provisions of this Article shall in no way affect those of Articles 13, 86 and 92 and shall agree without prejudice to them.
Rule 88
The regime granted to the Kyrgyz Republic under this Agreement is in no way more favourable than that which the Member States apply between them.
Rule 89
For the purposes of this Agreement, the term "parts" means, on the one hand, the Kyrgyz Republic and, on the other, the Community, or the Member States, or the Community and the Member States, in accordance with their respective powers and competences.
Rule 90
To the extent that the substances covered by this Agreement are covered by the Treaty on the European Energy Charter and its Protocols, the Treaty and the Protocols shall apply, as soon as they enter into force, to these matters, but only to the extent that such application is provided for.
Rule 91
This Agreement shall be concluded for an initial period of ten years. It is automatically renewed from year to year unless one of the two parties denounces it by a written notification addressed to the other party six months before its expiry.
Rule 92
1. The parties shall take any general or special measures necessary to fulfil their obligations under this Agreement. They ensure that the objectives set out in this Agreement are met.
2. If a party considers that the other party has not fulfilled any of its obligations under this Agreement, it may take appropriate action. Previously, except in the case of a special emergency, it must provide the Co-operation Council with all relevant information necessary for a thorough review of the situation with a view to finding an acceptable solution for the parties.
When choosing these measures, priority must be given to those that at least disrupt the operation of this Agreement. These measures are notified immediately to the Cooperation Council at the request of the other party.
Rule 93
Annexes I and II and the Protocol are an integral part of this Agreement.
Rule 94
This Agreement shall not affect, before equivalent rights have been granted to persons and economic operators under this Agreement, the rights guaranteed to them by existing agreements linking one or more Member States, on the one hand, and the Kyrgyz Republic, on the other hand, except in areas within the competence of the Community and without prejudice to the obligations of the Member States resulting from this Agreement in areas falling within the competence of the latter.
Rule 95
This Agreement applies, on the one hand, to territories where the treaties establishing the European Community, the European Coal and Steel Community, the European Atomic Energy Community are applicable and under the conditions provided for by the said treaties and, on the other, to the territory of the Kyrgyz Republic.
Rule 96
The Secretary General of the Council of the European Union is the depositary of this Agreement.
Rule 97
The original of this Agreement, of which copies in German, English, Danish, Spanish, French, Greek, Italian, Dutch, Portuguese, Kirghize and Russian are equally authentic, is deposited with the Secretary General of the Council of the European Union.
Rule 98
This Agreement shall be approved by the parties in accordance with their own procedures.
This Agreement comes into force on the first day of the second month following the date on which the parties notify the Secretary General of the Council of the European Union of the completion of the procedures referred to in the first paragraph.
Upon its entry into force, and to the extent that the relations between the Kyrgyz Republic and the Community are concerned, this agreement replaces the agreement between the European Economic Community and the European Atomic Energy Community, on the one hand, and the Union of Soviet Socialist Republics, on the other hand, concerning trade and commercial and economic cooperation, signed in Brussels on 18 December 1989.
Rule 99
If, pending the completion of the procedures necessary for the entry into force of this Agreement, the provisions of certain parts of the Agreement shall be implemented in 1994 by an interim agreement between the Community and the Kyrgyz Republic, the Contracting Parties agree that, under these circumstances, "the date of entry into force of the Agreement" means the date of entry into force of the Interim Agreement.
Done in Brussels, on February nine thousand nine hundred and ninety-five.
List of annexed documents
Annex I: List of benefits granted by the Kyrgyz Republic to independent States in accordance with Article 8
Annex II: Intellectual, Industrial and Commercial Property Conventions referred to in Article 43
Protocol on Mutual Assistance between Administrative Authorities in Customs Matters

Annex I
Indicative list of benefits granted by the Kyrgyz Republic to independent States in accordance with article 8, paragraph 3
1. All independent States:
No import rights are applied except for alcohol and tobacco.
No export rights are collected on goods provided under bilateral compensation agreements, within the limits of the volumes set out in these agreements.
No VAT is applied to exports or imports. No access is applied to exports.
No quota is set for export.
2. All independent states that have not introduced their national currency:
Payments can be made in roubles.
All independent States:
Special regime for non-commercial transactions, including payments resulting from such transactions.
3. All independent States:
Special regime for current payments.
4. All independent States:
Special transit regime.
5. All independent States:
Special conditions for customs procedures.

Annex II
Conventions concerning intellectual, industrial and commercial property referred to in Article 43
1. Article 43, paragraph 2, deals with the following multilateral conventions:
- Berne Convention for the Protection of Literary and Artistic Works (Act of Paris, 1971);
- International Convention on the Protection of Interpreters and Executors, Phonogram Producers and Broadcasting Organizations (Rome, 1961);
- protocol on the Madrid Agreement concerning the International Registration of Marks (Madrid, 1989);
- Nice arrangement concerning the international classification of goods and services for the registration of marks (Geneva, 1977, revised in 1979);
- Budapest Treaty on the International Recognition of the Filing of Microorganisms for the Purpose of Patent Procedure (1977, amended in 1980);
- International Convention for the Protection of Plant Breeding (Geneva Act, 1991).
2. The Cooperation Council may recommend that section 43, paragraph 2, also apply to other multilateral conventions. In the event of difficulties in the field of intellectual, industrial or commercial property affecting trade, consultations are held without delay, at the request of one of the two parties, so that a mutually satisfactory solution can be found.
3. Parties confirm the importance they attach to the obligations arising from the following multilateral conventions:
- Paris Convention for the Protection of Industrial Property ( Stockholm Act, 1967, amended in 1979);
- Madrid arrangement concerning the international registration of trademarks ( Stockholm Act, 1967, amended in 1979);
- Patent Cooperation Treaty (Washington 1970, amended and amended in 1979 and 1984).
4. As soon as this Agreement comes into force, the Kyrgyz Republic grants to the societies and nationals of the Community, in terms of the recognition and protection of intellectual, industrial and commercial property, to the societies and nationals of the Community no less favourable than that which it reserves to any third country under a bilateral agreement.
5. The provisions of paragraph 4 do not apply to the benefits granted by the Kyrgyz Republic to a third country on an effective reciprocity basis or to the benefits granted by the Kyrgyz Republic to another country of the former Soviet Union.

Protocol on Mutual Assistance between Administrative Authorities in Customs Matters
Article 1
Definitions
For the purposes of this protocol:
(a) "Custom law": the provisions applicable to the territories of the parties governing the importation, export, transit of the goods and their placement under any customs regime, including the prohibition, restriction and control measures adopted by the said parties;
(b) "Customs duties": all duties, taxes, royalties or other taxation that are levied and collected in the territory of the parties under customs law, excluding royalties and taxes that are limited to the approximate cost of the services rendered;
(c) "applicant authority": a competent administrative authority that has been designated by a party for that purpose and which makes a request for Customs assistance;
(d) "required authority": a competent administrative authority that has been designated for this purpose by a party and receives a request for Customs assistance;
(e) "offence": any violation or attempted violation of customs law.
Article 2
Scope
1. The parties shall provide mutual assistance, in the areas of their competence, in the manner and under the conditions provided for in this Protocol, in order to ensure that customs legislation is properly applied, including by preventing and detecting violations of that legislation and conducting investigations into them.
2. Customs assistance under this Protocol shall apply to any administrative authority of the competent parties for the purposes of this Protocol. It agrees without prejudice to the rules governing mutual assistance in criminal matters. Similarly, it does not apply to information collected under powers exercised at the request of the judicial authorities, unless the authorities agree.
Article 3
Assistance on request
1. At the request of the requesting authority, the requested authority shall provide the requested authority with any useful information to it to ensure that customs legislation is properly applied, including information relating to recognized or planned transactions that constitute or are likely to constitute an offence to that legislation.
2. Upon request by the requesting authority, the requested authority shall inform the requesting authority of whether the goods exported from the territory of one of the parties have been regularly brought into the territory of the other party, specifying, where appropriate, the customs regime under which the goods were placed.
3. Upon request by the requesting authority, the required authority shall take the necessary steps to ensure that monitoring is exercised on:
(a) natural or legal persons reasonably believed to have committed or committed violations of customs legislation;
(b) sites for the storage of goods that are reasonably necessary to assume that they will be provided in transactions that are contrary to the law of the other party;
(c) movements of goods reported as potentially causing serious violations of customs law;
(d) the means of transportation that are reasonably thought to have been, are or may be used to commit offences under customs law.
Article 4
spontaneous assistance
The parties, in accordance with their legislative and regulatory provisions and other legal instruments, are mutually supportive if they consider it necessary for the proper application of customs legislation, in particular when they obtain information related to:
- operations that have constituted, constituted or are likely to constitute an offence to that legislation and that may be of interest to other parties,
- the new means or methods used to perform these operations,
- goods that have known that they result in a serious violation of customs law.
Article 5
Communication, notification
Upon request by the requesting authority, the requested authority shall, in accordance with its legislation, take all necessary measures to:
- communicate all documents, and
- notify all decisions
in the area of application of this protocol, to a recipient resident or established in its territory. In this case, section 6 (3) is applicable.
Article 6
Form and content of requests for assistance
1. Requests made under this protocol are in writing. The documents required for the processing of these requests are accompanied by these requests. Where the urgency of the situation requires it, requests submitted verbally may be accepted, but must be immediately confirmed in writing.
2. The requests submitted pursuant to paragraph 1 shall be accompanied by the following information:
(a) the requesting authority submitting the application;
(b) the measure required;
(c) the object and purpose of the application;
(d) the relevant legislation, rules and other legal elements;
(e) as accurate and complete guidance as possible on individuals or legal entities that are investigated;
(f) a summary of the relevant facts, except in the cases provided for in Article 5.
3. Requests are made in an official language of the required authority or in a language acceptable to that authority.
4. If an application does not meet the formal requirements, it is possible to request that it be corrected or completed; However, precautionary measures may be ordered.
Article 7
Processing of requests
1. In order to respond to a request for assistance, the requested authority or, where it cannot act alone, the administrative department to which the request was made by that authority shall, within the limits of its jurisdiction and resources as if it were for its own account or at the request of other authorities of the same party, by providing the information already available to it, and by conducting appropriate investigations or conducting such investigations.
2. Requests for assistance are met in accordance with the legislation, rules and other legal instruments of the requested party.
3. Duly authorized officials of a party may, with the agreement of the other party and under the conditions provided for by the other party, collect, in the offices of the required authority or another authority responsible for that authority, information relating to the infringement of customs legislation required by the requesting authority for the purposes of this protocol.
4. Officials of a party may, with the agreement of the other party, be present in the investigations conducted in the territory of the latter.
Article 8
Form under which information should be disclosed
1. The requested authority shall communicate the results of the investigations to the requesting authority in the form of documents, certified copies of documents, reports and similar texts.
2. The documents referred to in paragraph 1 may be replaced by information on computer support produced in any form for the same purposes.
Article 9
Derogations to the obligation to provide assistance
1. Parties may refuse to provide assistance under this Protocol if such assistance:
(a) may affect their sovereignty, public order, security or other essential interests, or
(b) involve tax or foreign exchange regulations other than customs duty regulations, or
c) implies a breach of an industrial, commercial or professional secret.
2. If the requesting authority seeks assistance that it could not itself provide if requested, it draws attention to this fact in its application. It is then up to the required authority to decide how it must respond to this request.
3. If the assistance is denied, the decision and the reasons that explain it must be notified promptly to the requesting authority.
Article 10
Obligation to respect secrecy
1. Any information provided in any form pursuant to this protocol shall be confidential. It is covered by professional secrecy and enjoys the protection granted by the relevant laws by the contracting party that has received it, as well as by the corresponding provisions applicable to the community bodies.
2. Named data are not provided where there is reasonable reason to believe that the transmission or use of the data so transmitted would be contrary to the fundamental legal principles of one of the parties and, in particular, where the data subject would suffer unjustified prejudice. Upon request, the party receiving the data shall inform the party providing the information and the results obtained.
3. Named data can only be transmitted to Customs authorities and, where necessary for judicial prosecution, to the Public Prosecutor's Office and to the judicial authorities. Any other person or authority may collect such information only on the prior authorization of the authority providing it.
4. The party that provides the information checks its accuracy. When it appears that the information provided was inaccurate or was to be destroyed, the party receiving it shall be notified without delay. It is required to correct or destroy this information.
5. Without prejudice to cases in which the public interest prevails, the data subject may, upon request, obtain information on the data stored and the purpose of the storage.
Article 11
Use of information
1. The information collected shall be used only for the purposes of this protocol and may only be used by a party for other purposes only with the prior written consent of the administrative authority that provided them and is also subject to the restrictions imposed by that authority.
2. Paragraph 1 does not preclude the use of information in subsequent judicial or administrative actions for non-compliance with customs legislation.
3. The parties may report, as evidence, in their minutes, reports and testimonies, and in proceedings and proceedings before the courts, information gathered and documents consulted in accordance with the provisions of this protocol.
Article 12
Experts and witnesses
An officer of a required authority may be authorized to appear, within the limits established by the authorization granted to him or her, as an expert or witness in the course of judicial or administrative proceedings in the areas covered by this protocol, by the jurisdiction of another party, and to produce the certified objects, documents or copies of those that may be necessary for the proceedings. The application must state with precision in which case, how and how the agent will be questioned.
Article 13
Support costs
The parties shall waive any claim relating to the reimbursement of costs arising out of the application of this Protocol, except where applicable, in respect of compensation paid to experts and witnesses and to interpreters and translators who do not depend on public services.
Article 14
Implementation
1. The management of this protocol is entrusted to the central customs authorities of the Kyrgyz Republic, on the one hand, to the competent services of the Commission of the European Communities and, if necessary, to the customs authorities of the Member States of the European Union, on the other. They shall decide on all the practical measures and provisions necessary for its implementation, taking into account the existing data protection rules. They may propose to the competent bodies the modifications which they believe should be made to the present protocol.
2. The parties shall consult and instruct each other of the terms and conditions of application which are adopted in accordance with the provisions of this Protocol.
Article 15
Complementarity
1. This comprehensive protocol does not prevent the application of mutual assistance agreements that have been concluded or that may be concluded between one or more Member States of the European Union and the Kyrgyz Republic. It also does not prohibit further mutual assistance being granted under such agreements.
2. Without prejudice to Article 11, these agreements do not affect the Community provisions governing the communication, between the competent authorities of the Commission and the customs authorities of the Member States, of any information collected in customs matters that may be of interest to the Community.

Final Act
Plenipotentiaries
of BELGIUM,
of the DANEMARK,
of the GERMANY FEDERAL REPUBLIC,
of the HELLENICAL REPUBLIC,
of the SPANISH,
of the FRANCAISE REPUBLIC,
IRELAND,
of the ITALIAN REPUBLIC,
of LUXEMBOURG,
ROYAUME DES PAYS-BAS,
of the PORTUGAISE REPUBLIC,
of the United Kingdom of Great Britain and Northern Ireland and of the NORTHERN IRELAND,
Contracting parties to the Treaty establishing the COMMUNAUTE EUROPEENNE, to the Treaty establishing the COMMUNAUTE EUROPEENNE DU CHARBON ET DE L'ACIER and to the Treaty establishing the COMMUNAUTE EUROPEENNE DE L'ENERGIE ATOMIQUE,
below referred to as "member states", and
of the EUROPEAN COMMUNITY, the EUROPEAN COMMUNITY OF CHARBON and the CIER and the EUROPEAN COMMUNITY OF ATOMIC ENERGY, hereafter referred to as "Community",
on the one hand, and
the Plenipotentiary of the KIRGHIZE REPUBLIC,
on the other hand,
gathered in Brussels on nine February, nine hundred and ninety-five for the signing of the partnership and cooperation agreement establishing a partnership between the European Communities and their member States, on the one hand, and the Kyrgyz Republic on the other, below called "agreement", adopted the following texts:
the agreement, including its annexes, and the following protocol:
protocol on mutual assistance between administrative authorities in customs matters.
The Plenipotentiaries of the Member States and the Community and the Plenipotentiaries of the Kyrgyz Republic have adopted the following joint declarations, attached to this Final Act:
Joint Declaration on Article 13,
Joint statement on the concept of "control" in Article 25 (b) and Article 37,
Joint declaration concerning article 43,
Joint declaration concerning article 92.
The Plenipotentiaries of the Member States and the Community and the Plenipotentiaries of the Kyrgyz Republic also took note of the exchanges of the declaration of the French government annexed to the present Final Act:
Statement by the French government concerning its overseas countries and territories.
Joint Declaration on Article 23
Without prejudice to the provisions of sections 38 and 41, the parties agree that the terms "in accordance with their laws and regulations" referred to in paragraphs 1 and 2 of section 23 mean that each party may regulate the establishment and operation of the companies established in its territory, provided that this regulation does not introduce, with respect to the establishment and operation of the companies of the other affiliates, new reserves granted in a lesser manner
Joint statement on the concept of "control" in Article 25 (b) and Article 37
1. The parties confirm that it is understood that the issue of control depends on the factual circumstances of the particular case in question.
2. Thus, for example, a company is considered to be "controlled" by another company and thus subsidiary to it:
- if the other company holds directly or indirectly the majority of voting rights, or
- if the other company has the right to appoint or terminate a majority of the members of the administrative body, the management body or the supervisory body and if it is at the same time a shareholder or member of the subsidiary.
3. Both parties consider that the criteria set out in paragraph 2 are not exhaustive.
Joint Declaration on Article 43
The parties agree that, for the purposes of this agreement, the terms "Intellectual, Industrial and Commercial Ownership" include, in particular, the protection of copyrights and neighbouring rights, including copyright of computer programs, the rights of patents, industrial drawings and models, geographical indications, including the labels of origin, trademarks of products and services, the topographies of integrated circuits as well as the protection against competition
Joint Declaration on Article 92
The parties agree, for the purpose of correct interpretation and practical application of this Agreement, that the terms "particularly urgent cases" in Article 92 of the Agreement shall mean the cases of a substantial violation of the agreement by one of the two parties. A substantial violation of the agreement is:
(a) in rejecting 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.
Statement by the Government of France
The French Republic notes that the partnership and cooperation agreement with the Kyrgyz Republic does not apply to overseas countries and territories associated with the European Community under the Treaty establishing the European Community.
Done in Brussels, on the nineth February, ninety-five.

Law Approving The Partnership And Cooperation Agreement Between The European Communities And Their Member States, Of A Part, And The Kyrgyz Republic, Of Another Part, Annexes I And Ii, Protocol And Final Act, Made In Brussels On 9 February

Original Language Title: Loi portant assentiment à l'Accord de partenariat et de coopération entre les Communautés européennes et leurs Etats membres, d'une part, et la République du Kirghize, d'autre part, Annexes I et II, Protocole et Acte final, faits à Bruxelles le 9 février

Subscribe to a Global-Regulation Premium Membership Today!

9 JANVIER 1998. - Law on the Agreement on Partnership and Cooperation between the European Communities and their Member States, on the one hand, and the Republic of Kirghize, on the other hand, Annexes I and II, Protocol and Final Act, made in Brussels on 9 February 1995 (1) (2)

Search Translated Laws of Belgium