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9 JANVIER 1998. - Law on the Agreement on Partnership and Cooperation between the European Communities and their Member States, on the one hand, and the Republic of Kazakhstan, on the other hand, Annexes I to III and Final Act, made in Brussels on 23 January 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 Kazakhstan, on the other hand, the Annexes I to III, Protocol and the Final Act, made in Luxembourg on 23 January 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 22 May 1997: No. 1-638/1. - Report: No. 1-638/2. - Text adopted in Commission: No. 1-638/3.
Annales parliamentarians. - Discussion. Session of 16 July 1997. - Vote. Meeting of 17 July 1997.
House of Representatives:
Documents. - Project transmitted by the Senate: No. 1144/1. - Report: No. 1144/2.
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 of 6 June 1998), the Decree of the German-speaking Community of 20 January 1997 (Moniteur belge of 21 June 1997), the Decree of the Walloon Region of 5 February 1998 (Moniteur belge of 27 February 1998)

Agreement on Partnership and Cooperation between the European Communities and their Member States, on the one hand, and the Republic of Kazakhstan, on the other hand, Annexes I to III and Final Act, made in Brussels on 23 January 1995
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This agreement has not yet entered into force. The effective date will be published later.
Partnership and cooperation agreement establishing a partnership between the European Communities and their Member States, on the one hand, and the Republic of Kazakhstan, on the other hand
The Kingdom of Belgium,
The Kingdom of Denmark,
The Federal Republic of Germany,
The Hellenical Republic,
The Kingdom of Spain,
The French Republic,
Ireland,
The Italian Republic,
The Grand Duchy of Luxembourg,
The Kingdom of the Netherlands,
The Republic of Austria,
The Portuguese Republic,
The Republic of Finland,
The Kingdom of Sweden,
The United Kingdom of Great Britain and Northern Ireland,
Contracting Parties to the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community,
hereafter referred to as "member states", and
The European Community, the European Community of Charcoal and Steel and the European Community of Atomic Energy,
hereafter referred to as "Community",
on the one hand, and
The Republic of Kazakhstan,
on the other hand,
Considering the relationship between the Community, its Member States and the Republic of Kazakhstan and the common values they share;
Acknowledging that the Community and the Republic of Kazakhstan wish to strengthen these ties and establish a partnership and cooperation that would consolidate and extend the previously established relations, including the agreement between the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist Republics on trade and economic and trade cooperation, signed on 18 December 1989;
Considering that the Community, its member States and the Republic of Kazakhstan have committed themselves to strengthening the political and economic freedoms that constitute the very foundation of the partnership;
Recognizing the commitment of the parties to promote international peace and security and the peaceful settlement of disputes and to cooperate in this regard within the framework of the United Nations and the Conference on Security and Cooperation in Europe;
Considering that the Community, its Member States and the Republic of Kazakhstan have firmly committed themselves to fully implement 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 of Bonn on Economic Cooperation, in the Charter of Paris for a New Europe and in the document "The Change of Europe"
Confirming the attachment of the Community, its member states and the Republic of Kazakhstan 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, legal and economic reforms in Kazakhstan, as well as to the establishment of the necessary factors for cooperation, including in the light of the conclusions of the Bonn CSCE Conference;
Desirous of encouraging the process of regional cooperation in the areas covered by this agreement with neighbouring countries 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 Republic of Kazakhstan;
Recognizing that one of the main objectives of this Agreement is to facilitate the removal of these disparities by the provision of community assistance to the development and restructuring of the economy of Kazakhstan;
Acknowledging that this agreement can foster a gradual rapprochement between the Republic of Kazakhstan and a broader area of cooperation in Europe and the neighbouring regions, as well as the progressive integration of the Republic of Kazakhstan 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 the establishment of companies, employment, service delivery and the circulation of capital, and the opportunity to provide national treatment to their respective companies;
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 in view of the interdependence between the parties in this area;
Desiring to establish close cooperation in particular in the field of civil nuclear energy and safety;
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^er
A partnership is established between the Community and its member states, on the one hand, and the Republic of Kazakhstan, 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,
- 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,
- support the efforts of the Republic of Kazakhstan to consolidate its democracy, develop its economy and complete its transition to a market economy.
TITLE I. - General principles
Article 2
Respect for democracy, the principles of international law and human rights enshrined in the Charter of the United Nations, the 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 Bonn CSCE Conference, 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 Republic of Kazakhstan, supports the political and economic changes in that country and contributes to the creation of new forms of cooperation. Political dialogue:
- will strengthen the links of the Republic of Kazakhstan 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.
Article 5
At the ministerial level, the political dialogue takes place within the Council of Cooperation established by Article 76 or on other occasions, with 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 Republic of Kazakhstan, 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, that 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 81.
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,
- taxes and other internal taxation of any kind applied directly or indirectly to imported goods,
- payment methods and transfer of such payments,
- rules governing the sale, purchase, transport, distribution and use of goods in the domestic market.
2. The provisions of paragraph 1 shall not apply:
(a) the benefits granted for the purpose of creating a customs union or free trade zone or arising from the creation of such a union or area;
(b) benefits to certain countries in accordance with 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 accession of the Republic of Kazakhstan to the GATT or on 31 December 1998, the date on which the account is entered shall be that of the nearest event, to the benefits defined in Annex I and granted by the Republic of Kazakhstan 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 Kazakhstan are imported into the Community 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 into Kazakhstan without any quantitative restrictions or equivalent measures of effect, without prejudice to the provisions of Articles 13, 16 and 17 of this Agreement.
Article 12
The goods are exchanged between the parties at market prices.
Article 13
1. Where imports of a given product in the territory of one of the parties increase in proportions and conditions such as they cause or may cause harm to national producers of similar or directly competitive products, the Community or the Republic of Kazakhstan, 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 possible, in the cases of application of paragraph 4, the Community or the Republic of Kazakhstan, 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 actions to be taken to remedy the situation, the party who requested 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 relating to the exchange of goods in accordance with the circumstances, including the situation resulting from the accession of the Republic of Kazakhstan to the GATT. The Cooperation Council may make recommendations to the parties regarding these 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 1993.
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, and upon its entry into force, by the provisions of an agreement on quantitative arrangements for the exchange of ECSC steel products.
2. There is a contact group on coal and steel issues, composed of representatives of the Community, on the one hand, and representatives of the Republic of Kazakhstan, 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 material is subject to the provisions of a specific agreement between the European Atomic Energy Community and the Republic of Kazakhstan.
PART IV. - Trade provisions
Investments
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 nationals of the Republic of Kazakhstan 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 Kazakhstan, the Republic of Kazakhstan shall endeavour to ensure that 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. - Settlement conditions
and the operation of companies
Article 23
1. (a) The Community and its Member States reserve to the Kazakh companies, with regard to the establishment of these companies in their territory, treatment not less favourable than that granted to companies of a third country, in accordance with their laws and regulations.
(b) Without prejudice to the reservations listed in annex II, the Community and its member States shall reserve to the affiliates of Kazakh companies established in their territory no less favourable treatment than that granted to their own companies in respect of their operation, in accordance with their laws and regulations.
(c) The Community and its Member States reserve to the branches of Kazakh companies established in their territory a treatment not less favourable than that granted to the branches of companies of a third country, with respect to their exploitation, in accordance with their laws and regulations.
2. Without prejudice to the provisions of sections 34 and 85, the Republic of Kazakhstan reserves to community corporations and their branches, in respect of their establishment and operation, as defined in section 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 legislation and regulations.
Article 24
1. The provisions of section 23 do not apply to air, river and marine transportation.
2. However, with respect to the activities of marine agencies providing international maritime transport services, including intermodal activities comprising a maritime part, each party authorizes the companies of the other party to have a commercial presence in its territory in the form of subsidiaries or branches, under conditions of establishment and activity not less favourable than those granted to its own companies or to subsidiaries or branches of companies of a third country, if these are better.
These activities include, but are not limited to:
(a) the marketing and sale of marine transportation services and related services by direct contact with customers, from price offer to invoice preparation, whether these services are executed or offered by the service provider himself or by service providers with whom the service provider has established permanent trade agreements;
(b) the purchase and use, on their own behalf or on behalf of their customers (and resale to their customers), of any related transportation or service, including inland transport services by any mode, particularly inland waterways, road or rail, necessary for the provision of an integrated service;
(c) the preparation of transport documents, customs documents or any other document relating to the origin and nature of the goods transported;
(d) the provision of commercial information by any means, including computerized systems and electronic data exchanges (subject to non-discriminatory telecommunications restrictions);
(e) the establishment of a commercial arrangement, including participation in the company's capital and the recruitment of local staff (or, in the case of foreign staff, subject to the relevant provisions of this agreement), with a local marine agency;
(f) the organization, on behalf of the companies, of the vessel's port of call or the handling of the cargo when necessary.
Rule 25
For the purposes of this Agreement:
(a) "community society" or "Kazakh society" respectively: a corporation incorporated in accordance with the laws of a member State or the Republic of Kazakhstan and having its registered office, central administration or principal establishment in the territory of the Community or the Republic of Kazakhstan. However, if the company, incorporated in accordance with the laws of a member State or the Republic of Kazakhstan, has only its registered office in the territory of the Community or Republic of Kazakhstan, it is considered to be a community society or a Kazakh society if its activity has an effective and continuous connection with the economy of one of the member States or Kazakhstan, 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 or Kazakh companies defined in (a) to access economic activities through the creation of subsidiaries and branches in Kazakhstan 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, the provisions of this chapter and chapter III also benefit nationals of member States or the Republic of Kazakhstan, established outside the Community or Kazakhstan, respectively, and shipping companies established outside the Community or Kazakhstan and controlled by nationals of a Member State or the Republic of Kazakhstan, if their ships are registered in that Member State or Kazakhstan.
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 Kazakh corporation established in the territory of the Republic of Kazakhstan or the Community, respectively, has the right to use or employ by any of its subsidiaries or branches, in accordance with the laws in force in the host country, on the territory of the Republic of Kazakhstan and the Community, respectively, of the 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 the 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 performing 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 reflect, in addition to the specific knowledge of the institution, a 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 businesses" 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
1. The parties shall, to the extent possible, endeavour to avoid taking measures or actions that would make the conditions for the establishment and operation of their companies more restrictive than they were on the day before the date of signing this Agreement.
2. The provisions of this Article shall be without prejudice to those of Article 37: the situations covered by Article 37 shall be governed only by the provisions of Article 37, excluding any other provision.
3. Acting in the spirit of partnership and cooperation and in the light of the provisions of Article 43, the Government of the Republic of Kazakhstan 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 Kazakhstan of branches or subsidiaries of community-based companies more restrictive than they were on the day before the date of the signing of this Agreement. The Community may request the Republic of Kazakhstan to provide it with such bills or regulations and to consult on this matter.
4. Where new legislation or regulations introduced in Kazakhstan are likely to make the operating conditions of branches and subsidiaries of community-based companies established in Kazakhstan more restrictive than they were on the date of the signing of this Agreement, they do not apply, for the three years following the coming into force of the Act in question, to subsidiaries and branches already established in Kazakhstan at the time of the coming into force of that Act.
CHAPTER III. - Cross-border services between the Community and Kazakhstan
Rule 30
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 community or Kazakh companies that are established in a party other than the recipient of the services, taking into account the evolution of the service sector in both parties.
2. The Cooperation Council makes the necessary recommendations for the implementation of paragraph 1.
Rule 31
The parties cooperate with a view to developing in Kazakhstan a service sector that obeys market laws.
Rule 32
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.
Each party provides, among other things, to vessels operated by nationals or companies of the other party, a treatment not less favourable than that granted to its own ships with respect to access to ports open to international trade, the use of auxiliary marine infrastructures and services of the ports, as well as with respect to duties and taxes, customs facilities, the designation of anchorage stations and ease of loading and unloading.
3. Nationals and community-based companies providing international maritime transport services are free to provide international fluvio-maritime services on the internal waters of the Republic of Kazakhstan and vice versa.
Rule 33
In order to ensure a coordinated development of transport between the parties, adapted to their commercial needs, the conditions for mutual access to the market and the provision of inland waterway, rail and inland waterway services and, where appropriate, air transport, may be subject to specific agreements that will be negotiated between the parties after the entry into force of this Agreement.
CHAPTER IV. - General provisions
Rule 34
1. The provisions of this title apply subject to limitations justified by public, public or public health reasons.
2. They do not apply to activities that, in the territory of either party, are related, even occasionally, to the exercise of public power.
Rule 35
For the purposes of this title, no provision of this Agreement shall hinder the application by the parties of their laws and regulations relating to admission and residence, employment, working conditions, the establishment of natural persons and the provision of services, provided that the benefits derived by one of the parties from a specific provision of this Agreement are not reduced or compromised. This provision is without prejudice to the application of section 34.
Rule 36
Companies controlled and wholly owned jointly by Kazakh companies and community companies also benefit from the provisions of chapters II, III and IV.
Rule 37
The treatment granted, since the day preceding one month, the date of entry into force of the relevant obligations arising from the General Agreement on Trade in Services (GATS), by one of the parties to the other party under this Agreement is in no way more favourable, in respect of the sectors or measures covered by the GATS, than that granted by that first part in accordance with the provisions of the GATS, and in any sector,
Rule 38
For the purposes of chapters II, III and IV, it is not taken into account the treatment granted by the Community, its member States or the Republic of Kazakhstan by virtue of commitments entered into in economic integration agreements in accordance with the principles of Article V of the GATS.
Rule 39
1. The treatment of the most favoured nation granted in accordance with the provisions of this Title does not apply to the tax benefits that the parties grant or grant in the future on the basis of agreements to avoid double taxation or other tax arrangements.
2. Nothing in this title shall be construed to prevent the adoption or application by the parties of a measure to avoid tax evasion in accordance with the tax provisions of agreements to avoid double taxation and other tax arrangements or national tax legislation.
3. Nothing in this title shall be construed in such a way as to prevent Member States or the Republic of Kazakhstan 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 40
Without prejudice to Article 28, no provision of Chapters II, III and IV shall be construed as giving right:
- to nationals of the Member States or the Republic of Kazakhstan to enter or remain in the territory of the Republic of Kazakhstan 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 suppliers or beneficiaries of services;
- to branches or community affiliates of Kazakh companies to use or make use of Kazakh nationals in the territory of the Community;
- to Kazakh branches or affiliates of community companies to use or employ nationals of member States in the territory of the Republic of Kazakhstan;
- to Kazakh companies or community branches or subsidiaries of Kazakh companies to provide Kazakh nationals to act on behalf of and under the control of other persons under temporary employment contracts;
- to community companies or Kazakh 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 41
1. The parties undertake to authorize, in a freely convertible currency, any payments relating to the balance of current transactions between residents of the Community and the Republic of Kazakhstan that are related to the movement of goods, services or persons made in accordance with this Agreement.
2. With respect to transactions in the balance of capital transactions, the parties shall ensure, from the date of entry into force of this Agreement, the free movement of capital in respect of direct investment in incorporated companies in accordance with the laws of the host country and the investments made in accordance with the provisions of Chapter II, as well as the liquidation or repatriation of the proceeds of such investments and any benefit arising therefrom.
3. Without prejudice to paragraph 2 or paragraph 5, the parties shall refrain from the entry into force of this Agreement, introduce new exchange restrictions affecting capital movements and current payments related to these movements between residents of the Community and the Republic of Kazakhstan 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 Kazakhstan to promote the objectives of this Agreement.
5. On the basis of the provisions of this Article, as long as the total convertibility of the currency of the Republic of Kazakhstan within the meaning of Article VIII of the statutes of the International Monetary Fund (IMF) has not been established, the Republic of Kazakhstan may, in exceptional circumstances, apply foreign exchange restrictions related to the granting or obtaining short- and medium-term financial credits, to the extent that these restrictions are imposed on it for the granting of the IMF It applies these restrictions in a non-discriminatory manner. These restrictions must at least disrupt the operation of this Agreement. The Republic of Kazakhstan shall promptly inform the Cooperation Council of the adoption of such measures and any changes it may make.
6. Without prejudice to paragraphs 1 and 2, where, in exceptional circumstances, the free movement of capital between the Community and Kazakhstan causes or may cause serious difficulties in the functioning of the exchange policy or monetary policy of the Community or the Republic of Kazakhstan, the Community and the Republic of Kazakhstan may, respectively, take measures to safeguard capital movements between the Community and Kazakhstan for a period not exceeding six months if such measures are necessary.
CHAPTER VI. - Protection of intellectual property,
industrial and commercial
Rule 42
1. In accordance with the provisions of this Article and Annex III, the Republic of Kazakhstan continues to improve the protection of intellectual, industrial and commercial property rights in order to ensure, by the end of the fifth year following the entry into force of this Agreement, a level of protection similar to that existing in the Community, including the means provided to ensure respect for these rights.
2. At the end of the fifth year following the entry into force of this Agreement, the Republic of Kazakhstan adheres to the multilateral conventions on intellectual, industrial and commercial property referred to in Annex III 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 43
1. The parties recognize that an important condition for strengthening economic ties between the Republic of Kazakhstan and the Community is the approximation of the existing and future legislation of the Republic of Kazakhstan with that of the Community. The Republic of Kazakhstan 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, including all related issues and practices affecting trade, public procurement, protection of the health and life of persons, animals and plants, environment, consumer protection, indirect taxation, technical rules and standards, technical laws and regulations
3. The Community provides technical assistance to the Republic of Kazakhstan 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 ways and means of applying their respective competition rules in a concerted manner in cases where exchanges between them are affected.
PART VI. - Economic cooperation
Rule 44
1. The Community and the Republic of Kazakhstan establish economic cooperation to contribute to the process of economic reform and recovery and to the sustainable development of Kazakhstan. 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 Kazakhstan and are guided by the principles of sustainability and harmonious social development; They also fully incorporate environmental considerations.
3. To this end, cooperation will focus on economic and social development, human resources development, business support (privatization, investment and development of financial services), agriculture and food, 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 independent States, the priorities agreed in the indicative programme for technical assistance of the Community to the Republic of Kazakhstan and the procedures for coordination and implementation set out therein.
Rule 45
Industrial cooperation
1. In particular, cooperation aims to promote:
- the development of trade links between the economic operators of the two parties,
- the participation of the Community in Kazakhstan ' s efforts to restructure its industry,
- improved management,
- improving the quality of industrial products,
- the establishment of an effective production and processing capacity in the raw materials sector,
- the establishment of adequate trade rules and practices, including the marketing of products,
- environmental protection,
- the conversion of defense-related businesses.
2. The provisions of this section do not affect the application of community competition rules to businesses.
Rule 46
Promotion and protection of investments
1. In keeping with the respective powers and competences of the Community and its member States, cooperation aims to create an environment conducive to private investment, both domestic and foreign, in particular through the realization of better conditions for the protection of investments, the transfer of capital and the exchange of information on investment opportunities.
2. The objectives of cooperation include:
- the conclusion, if any, between the Member States and the Republic of Kazakhstan of agreements for the promotion and protection of investments,
- the conclusion, if any, between the Member States and the Republic of Kazakhstan of agreements to avoid double taxation,
- the creation of favourable conditions to attract foreign investment in the Kazakh 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 47
Public procurement
The parties cooperate to promote open competition in procurement of goods and services, including through tenders.
Rule 48
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 Kazakh products.
2. To this end, the parties are working to cooperate with 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 49
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:
- exchange of information on prospects in the mining sector and in the non-ferrous metal sector,
- the establishment of a legal framework for cooperation,
- trade issues,
- the adoption and implementation of legislation in the field of environmental protection,
- training,
- safety in the mining industry.
Rule 50
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 shall be in accordance with the provisions of Article 51.
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 51
Education and training
1. The parties cooperate to raise the level of general education and professional qualifications in Kazakhstan, both public and private sectors.
2. In particular, cooperation focuses on:
- the rehabilitation of higher education and training systems in Kazakhstan, 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 Republic of Kazakhstan in the TEMPUS programme of the Community.
Rule 52
Agriculture and agro-industrial sector
In this area, cooperation aims to promote agrarian reform, modernization, privatization and restructuring of agriculture, the agro-industry sector and the services sector in Kazakhstan, to develop national and international markets for Kazakh products, in conditions ensuring environmental protection, in view of the need to improve food security and the development of the agro-industrial sector, the transformation and distribution of agricultural products. The parties also aim to gradually bring Kazakh standards closer to community technical regulations on industrial and agricultural food products, including sanitary and phytosanitary standards.
Rule 53
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 safety of energy supply, transport and transit of energy and energy materials.
Rule 54
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,
- the implementation of the Espoo Convention on Environmental Impact Assessment in a Transboundary Context.
3. Cooperation will include:
- disaster management 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 to 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 55
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 Kazakhstan and to develop and ensure, where appropriate, the compatibility of transport systems from a globalized perspective.
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 56
Space
In accordance with the respective powers and competences of the Community, its Member States and the European Space Agency, the parties shall, where appropriate, encourage long-term cooperation in civil space research, development and commercial applications. They pay particular attention to initiatives that favour complementarity of their respective space activities.
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,
- encouraging the development of telecommunications and postal services projects and the attractiveness 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,
- an appropriate regulatory basis for the provision of telecommunications and postal services and for the use of a radio frequency range,
- 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 Republic of Kazakhstan into universally accepted systems of regulations. Technical assistance will be focused on:
- the development of banking and financial services, the establishment of a common finance market, the integration of the Republic of Kazakhstan into the universally accepted system of regulations,
- the development in Kazakhstan of a public financial system and public financial institutions, as well as the exchange of experience and training of staff in the field of public finances,
- 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 Kazakhstan, as well as the development of export credit insurance.
This cooperation will in particular contribute to the development of relations between Kazakhstan 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 occupational diseases,
- 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 the planning and implementation of social protection reforms in Kazakhstan.
These reforms aim to develop market-specific protection methods in Kazakhstan 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 Kazakhstan.
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 Kazakhstan, including, to the extent possible, access to databases, taking into account intellectual property rights.
Rule 65
Consumer protection
The parties establish close cooperation between them to achieve compatibility between their consumer protection systems. This cooperation includes the exchange of information on legislative work 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 periods.
Rule 66
Customs
1. Cooperation is aimed at ensuring compliance with all provisions to be agreed on in fair trade and trade and at bringing Kazakhstan ' s customs regime 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 Kazakhstan,
- 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 periods.
Technical assistance will be provided as required.
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 Kazakhstan.
The parties cooperate in particular in the following areas:
- adaptation of the Kazakh statistical system to international methods, standards and classifications,
- exchange of statistical information,
- provision of macroeconomic and micro-economic statistical information necessary for the implementation and management of economic reforms.
To this end, the Community provides technical assistance to the Republic of Kazakhstan.
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 Republic of Kazakhstan in the process of economic reform 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.
Rule 70
Cooperation in the prevention of illegal activities
The parties establish cooperation between them to prevent illegal activities such as:
- immigration and the illegal presence of natural persons with their nationality in their respective territories, taking into account the principle and practice of readmission,
- illegal economic activities, including corruption,
- illegal transactions involving various goods, including industrial waste,
- counterfeiting,
- illicit trafficking in narcotic drugs, psychotropic substances and weapons.
Cooperation in the above areas is based on mutual consultations and close interaction and includes the provision of technical and administrative assistance, including:
- the development of national legislation in the field of the prevention of illegal activities,
- the creation of information centres,
- strengthening the effectiveness of institutions active in the field of the prevention of illegal activities,
- training of staff and development of research infrastructure,
- the development of mutually acceptable measures to combat illegal activities.
PART VII. - Cultural cooperation
Rule 71
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
Rule 72
In order to achieve the objectives of this Agreement and in accordance with Articles 73, 74 and 75, the Republic of Kazakhstan is granted temporary financial assistance to it by the Community through technical assistance in the form of donations to accelerate its process of economic reform.
Rule 73
This financial assistance is covered by the measures set out in the TACIS programme and the Council of the European Union Regulation.
Rule 74
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 the Republic of Kazakhstan, its sectoral capacity for absorption and changes in reforms. The parties shall inform the Cooperation Council.
Rule 75
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 76
A Cooperation Council is established to oversee the implementation of this Agreement. The Cooperation Council meets at the ministerial level once a year. It considers any important issues arising under this Agreement, as well as any other bilateral or international issues 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 77
1. The Council of Cooperation is composed of members of the Council of the European Union and members of the Commission of the European Communities and, on the other hand, members of the Government of the Republic of Kazakhstan.
2. The Council of Cooperation shall determine its rules of procedure.
3. The Presidency of the Council of Cooperation is held in turn by a representative of the Community and a member of the Government of the Republic of Kazakhstan.
Rule 78
1. The Council of Cooperation is assisted, in carrying out its tasks, by a cooperation committee composed, on the one hand, of representatives of the members of the Council of the European Union and members of the Commission of the European Communities and, on the other, representatives of the Government of the Republic of Kazakhstan, normally at the level of senior officials. The chair of the cooperation committee is in turn exercised by the Community and the Republic of Kazakhstan.
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 79
The Co-operation Council may decide to establish any other committee or body to assist it in carrying out its tasks and determine the composition, mission and mode of operation of these committees and bodies.
Rule 80
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 in question by the Contracting Parties of the GATT.
Rule 81
A parliamentary committee for cooperation is established. This committee is a forum where members of the Kazakh Parliament and members of the European Parliament meet and exchange their views. It meets according to a periodicity that it determines.
Rule 82
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 Kazakh Parliament.
2. The Parliamentary Committee for Cooperation sets out its rules of procedure.
3. The chairmanship of the parliamentary committee for cooperation is exercised in turn by the European Parliament and by the Kazakh Parliament, in accordance with the rules of procedure.
Rule 83
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 84
1. As part of this agreement, each party undertakes to ensure the access of the natural and legal persons of the other party, without any discrimination 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 Kazakhstan,
- agree that, where a dispute is referred 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 that their economic operators choose by mutual agreement 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 85
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 86
1. In the areas covered by this Agreement and without prejudice to any particular provision contained therein:
- the regime applied by the Republic of Kazakhstan 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 Republic of Kazakhstan cannot discriminate between nationals of the Republic of Kazakhstan 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 87
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 conciliator 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. They are not mandatory for parties.
Rule 88
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 not affect in any way those of Articles 13, 87 and 93 and shall agree without prejudice to them.
Rule 89
The regime granted to the Republic of Kazakhstan under this Agreement is in no way more favourable than that which the Member States apply between them.
Rule 90
For the purposes of this Agreement, the term "Parties" means, on the one hand, the Republic of Kazakhstan 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 91
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 92
This Agreement shall be entered into for an initial period of ten years, after which it is automatically renewed from year to year unless one of the two parties denounces it by written notification to the other party six months before its expiry.
Rule 93
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 94
Annexes I, II, and III and the Protocol are an integral part of this Agreement.
Rule 95
This Agreement shall not affect, before equivalent rights have been granted to persons and economic operators under this Agreement, the rights guaranteed to them by existing agreements linking one or more Member States, on the one hand, and the Republic of Kazakhstan, on the other hand, except in areas within the competence of the Community and without prejudice to the obligations of the Member States resulting from this Agreement in areas falling within the competence of the Member States.
Rule 96
This Agreement applies, on the one hand, to territories where the treaties establishing the European Community, the European Coal and Steel Community and the European Atomic Energy Community are applicable and under the conditions provided for by the said treaties and, on the other, to the territory of the Republic of Kazakhstan.
Rule 97
The Secretary General of the Council of the European Union is the depositary of this Agreement.
Rule 98
The original of this Agreement, of which copies in German, English, Danish, Spanish, French, Greek, Italian, Dutch, Portuguese and Kazakh languages, are equally authentic, is deposited with the Secretary General of the Council of the European Union.
Rule 99
This Agreement shall be approved by the parties in accordance with their own procedures.
This Agreement comes into force on the first day of the second month following the date on which the parties notify the Secretary General of the Council of the European Union of the completion of the procedures referred to in the first paragraph.
Upon its entry into force, and to the extent that the relations between the Republic of Kazakhstan 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 100
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 Republic of Kazakhstan, 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 January twenty-three thousand nine hundred and eighty fifteen.

List of annexes
Annex I: Indicative list of benefits granted by the Republic of Kazakhstan to independent States in accordance with Article 8, paragraph 3
Annex II: Community reserves referred to in Article 23 (1) (b).
Annex III: Conventions on Intellectual, Industrial and Commercial Property referred to in Article 42
Protocol on Mutual Assistance between Administrative Authorities in Customs Matters

Annex I
Indicative list of benefits granted by the Republic of Kazakhstan to independent States in accordance with Article 8, paragraph 3
1. Armenia, Belarus, Estonia, Georgia, Lithuania, Moldova, Ukraine, Turkmenistan, Russia:
No import rights are applied to them.
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.
All independent States: Export quotas for the delivery of goods within the framework of the annual bilateral trade and cooperation agreements are open under the same conditions as those applicable to deliveries intended to cover the needs of the State.
2. Armenia, Belarus, Estonia, Georgia, Lithuania, Moldova, Ukraine, Turkmenistan: Payments can be made in roubles.
Russia: payments can be made in roubles or tenges.
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 price system in the exchange of certain raw materials and semi-finished products.
5. All independent States:
Special transit regime.
6. All independent States:
Special conditions for customs procedures.

Annex II
Community reserves referred to in Article 23
paragraph 1 (b)
Mining
In some Member States, the exploitation of mining and mineral resources by companies outside the control of the Community may be subject to prior concession.
Fishing
Access to the biological resources and fishing funds in the marine waters that fall under the sovereignty or jurisdiction of the Member States of the Community and their exploitation are reserved for fishing vessels flying the flag of a Member State of the Community and registered in the territory of the Community, unless otherwise provided.
Purchase of land properties
The purchase of land properties by non-community societies is regulated in some Member States.
Audiovisual services, including radio
The national treatment for production and distribution, including broadcasting and other forms of public broadcasting, can be reserved for audiovisual works that meet certain criteria of origin.
Telecommunications services, including mobile and satellite services
Services reserved.
In some Member States, access to the infrastructure and complementary services market is regulated.
Specialized services
Services reserved for natural persons from member states. These persons may, under certain conditions, create societies.
Agriculture
The national regime is not applicable, in some Member States, to enterprises outside the control of the Community, who wish to establish an agricultural enterprise. The purchase of vineyards by a company outside the control of the Community is subject to a notification procedure or, where applicable, to an authorization.
Press agencies services
In some Member States, foreign participation in publishing companies or broadcasting or broadcasting companies is limited.

Annex III
Intellectual property conventions,
industrial and commercial purposes referred to in section 42
1. Article 42, paragraph 2, deals with the following multilateral conventions:
- Berne Convention for the Protection of Literary and Artistic Works (Act of Paris, 1971);
- International Convention on the Protection of Interpreters and Executors, Phonogram Producers and Broadcasting Organizations (Rome, 1961);
- protocol on the Madrid Agreement concerning the International Registration of Marks (Madrid, 1989);
- Nice arrangement concerning the international classification of goods and services for the registration of marks (Geneva, 1977, revised in 1979);
- Budapest Treaty on the International Recognition of the Filing of Microorganisms for the Purpose of Patent Procedure (1977, amended in 1980);
- International Convention for the Protection of Plant Breeding (Geneva Act, 1991).
2. The Cooperation Council may recommend that section 42, 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 Republic of Kazakhstan grants to the companies and nationals of the Community, in terms of the recognition and protection of intellectual, industrial and commercial property, no less favourable treatment than that it reserves to any third country under a bilateral agreement.
5. The provisions of paragraph 4 do not apply to the benefits granted by the Republic of Kazakhstan to a third country on an effective reciprocity basis or to the benefits granted by the Republic of Kazakhstan to another country of the former Soviet Union.

Protocol on Mutual Assistance
administrative authorities in customs
Article 1^er
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 other 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 of customs law and any attempt to infringe such legislation.
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 is understood to be subject 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 who may reasonably be expected to commit or have committed violations of customs legislation;
(b) the place where goods have been stored in such a way that it can reasonably be assumed that they are intended for operations contrary to the law of the other party;
(c) movements of goods reported as potentially causing serious violations of customs law;
(d) means of transport that may reasonably be 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, shall provide mutual assistance without prior request if they consider it necessary for the proper application of customs legislation, in particular when they obtain information relating to:
- operations that 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 substance 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. Requests submitted pursuant to paragraph 1 shall be accompanied by the following information:
(a) the requesting authority submitting the application;
(b) the measure required;
(c) the object and purpose of the application;
(d) legislation, rules and other relevant legal elements;
(e) as accurate and complete guidance as possible on individuals or legal entities that are investigated;
(f) a summary of the relevant facts, 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, provide the information already available to it, by conducting appropriate investigations or making such requests.
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 Republic of Kazakhstan, 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 decide on all necessary measures and practical arrangements for its implementation, taking into account the existing data protection rules. They may propose to the competent bodies the modifications which they believe should be made to the present protocol.
2. The 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 Republic of Kazakhstan. 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,
of 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 EUROPEAN COMMUNITY, to the Treaty establishing the EUROPEAN COMMUNITY OF CHARBON AND AIR and to the Treaty establishing the EUROPEAN COMMUNITY OF ATOMIC ENERGY,
below referred to as "member states", and
of the EUROPEAN COMMUNITY, the EUROPEAN COMMUNITY OF CHARBON AND AIR and the EUROPEAN COMMUNITY OF ATOMIC ENERGY,
hereafter referred to as "Community",
on the one hand, and
the Plenipotentiary of the KAZAKHSTAN REPUBLIC,
on the other hand,
gathered in Brussels, on 23 January, 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 Republic of Kazakhstan on the other, below referred to as "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 Republic of Kazakhstan adopted the following joint declarations, attached to this Final Act:
Joint Declaration on Article 13,
Joint Declaration on Article 23,
Joint statement on the concept of "control" in Article 25 (b) and Article 36,
Joint Declaration on Article 42,
Joint declaration concerning article 93.
The Plenipotentiaries of the Member States and the Community and the Plenipotentiaries of the Republic of Kazakhstan also took note of the statement of the French Government annexed to the present Final Act:
Statement by the French government on overseas countries and territories.
Joint Declaration on Article 13
The Community and the Republic of Kazakhstan declare that the text of the safeguard clause does not give access to the benefits of the corresponding GATT provisions.
Joint Declaration on Article 23
Without prejudice to the provisions of sections 37 and 40, 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 favourable treatment to that
Joint statement on the concept of "control" in Article 25 (b) and Article 36
1. The parties confirm that it is understood that the issue of control depends on the factual circumstances of the particular case in question.
2. Thus, for example, a company is considered to be "controlled" by another company and 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 93
The parties agree, for the purpose of correct interpretation and practical application of this Agreement, that the terms "particularly urgent cases" in Article 93 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 Republic of Kazakhstan does not apply to countries and territories associated with the European Community under the Treaty establishing the European Community.