3 AVRIL 1997. An Act to approve the Agreement on Partnership and Cooperation between the European Communities and their Member States, on the one hand, and Ukraine, on the other, and Annexes I to V, Protocol, Final Act and Declarations, made in Luxembourg on 14 June 1994 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement on Partnership and Cooperation between the European Communities and their Member States, on the one hand, and Ukraine, on the other hand, Annexes I, II, III, IV and V, the Protocol, and the Final Act, made in Luxembourg on 14 June 1994, 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 at Châteauneuf-de-Grasse, April 3, 1997.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
Agreement on Partnership and Cooperation between the European Communities and their Member States, on the one hand, and Ukraine, on the other
Partnership and Cooperation Agreement
establishing a partnership between the European Communities and their Member States, on the one hand, and Ukraine, on the other
the Kingdom of Belgium,
the Kingdom of Denmark,
the Federal Republic of Germany,
the Hellenic Republic,
the Kingdom of Spain,
the French Republic,
Ireland,
the Italian Republic,
the Grand Duchy of Luxembourg,
the Kingdom of the Netherlands,
the Portuguese Republic,
the United Kingdom of Great Britain and Northern Ireland,
Contracting Parties to the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community,
hereafter referred to as the "member states", and
THE EUROPEAN COMMUNITY, THE EUROPEAN COMMUNITY OF CHARBON AND CIER AND THE EUROPEAN COMMUNITY OF ATOMIC ENERGY,
hereafter referred to as "the Community",
on the one hand, and
UKRAINE,
on the other hand,
RECORD OF the parties' wish to establish close relationships that strengthen the historical ties that unite them;
CONSIDERING the importance of strengthening the cooperation between the Community, its Member States and Ukraine and the common values they share;
RECOGNIZING that the Community and Ukraine 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 the commitment of the Community, its member states and Ukraine to strengthen the political and economic freedoms that form the very foundation of the partnership;
CONSIDERING the commitment of the parties to promote international peace and security and the peaceful resolution of conflicts and to cooperate to that end within the framework of the United Nations and the Conference on Security and Cooperation in Europe;
CONSIDERING that the Community, its Member States and Ukraine have firmly committed themselves to fully implement all the provisions and principles contained in the Final Act of the Conference on Security and Cooperation in Europe (CSCE), in the closing documents of the June 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 Challenges of Change of 1992
RECOGNIZING in this context that the support of the independence, sovereignty and territorial integrity of Ukraine will contribute to the safeguarding of peace and stability in the Central and Eastern Europe region and throughout the European continent;
CONFIRMING the attachment of the Community, its Member States and Ukraine to the European Energy Charter and the Declaration of the Lucerne Conference of April 1993;
CONVAINCUS 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;
ESTIMING that there is a necessary link between, on the one hand, the full implementation of the partnership and, on the other hand, the continuation by Ukraine of its political, economic and legal reforms for their effective implementation, as well as the introduction of the necessary factors for cooperation, particularly in the light of the conclusions of the CSCE Conference in Bonn;
ISSUES to encourage the process of regional cooperation in the areas covered by this agreement with neighbouring countries to promote the prosperity and stability of the region;
ISSUES to establish and develop a regular political dialogue on bilateral and international issues of mutual interest;
RECOGNIZING AND APPUYING the desire of Ukraine to establish close cooperation with European institutions;
RECORD OF the Community ' s desire to develop economic cooperation and to provide technical assistance, as appropriate, to the implementation of economic reform in Ukraine;
Acknowledging that the agreement can foster a gradual rapprochement between Ukraine and a broader area of cooperation in Europe and the neighbouring regions as well as the progressive integration of Ukraine into the open international trading system;
CONSIDERING that the parties have pledged to liberalize trade on the basis of the principles contained in the General Agreement on Tariffs and Trade (GATT), as amended by Uruguay Round;
CONSCIENTS of the need to improve conditions affecting trade and investment, as well as conditions in areas such as business creation, employment, service delivery and capital circulation;
SALUANT AND RECOGNIZING the importance of Ukraine's efforts to move from a planned economy of countries to state trade to a market economy;
CONVAINCUS that permanent progress towards a market economy will be encouraged by cooperation among the parties in the forms defined by this Agreement;
CONVAINCUS that this agreement will create a new climate between the parties for their economic relations, particularly for the development of trade and investment, essential instruments of economic restructuring and technological modernization;
DESIRING to establish close cooperation in the field of environmental protection in view of the interdependence between the parties in this area;
WHEREAS the parties intend to develop their cooperation in the field of civil science and technology, including space research, to ensure the complementarity of their activities in this field;
DESIReux to establish cultural cooperation and to develop exchanges of information,
AGAINST THE PROVISIONS THAT SAY:
Article 1
A partnership is established between the Community and its member states, on the one hand, and Ukraine, on the other. Its objectives are:
- provide an appropriate framework for political dialogue between the parties to enable the development of close political relations between them;
- to develop harmonious trade, investment and economic relations between the parties in order to promote their sustainable development;
providing a basis for mutually beneficial cooperation in the economic, social, financial, civil science and technology and cultural cooperation;
- support Ukraine's efforts to consolidate its democracy, develop its economy and complete its transition to a market economy.
TITLE I. - General principles
Article 2
Respect for democratic principles and human rights enshrined in the Final Act of Helsinki and the Paris Charter for a New Europe, as well as the principles of the market economy, as set out in the documents of the CSCE Conference in Bonn, inspires the internal and external policies of the parties and constitutes an essential element of partnership and this agreement.
Article 3
The parties consider that it is essential for the future prosperity and stability of the region of the former Soviet Union that the new independent States from the dissolution of the Union of Soviet Socialist Republics (hereinafter 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.
In view of the above, the parties consider that the development of their relations must take due account of Ukraine's desire to maintain cooperation with other independent States.
Article 4
The parties undertake to consider, in particular when Ukraine has made progress in its economic reform process, the development of the provisions of the relevant titles of this Agreement, in particular Title III and Article 49, with a view to establishing a free trade zone between them. The Cooperation Council may make recommendations to the parties in this regard. These additions will only come into force under an agreement between the parties, in accordance with their respective procedures. The parties will consult in 1998 and examine whether the circumstances, particularly the progress made by Ukraine in its market-oriented reforms and the prevailing economic conditions at that time, allow for the commencement of negotiations on the establishment of a free trade zone.
Article 5
The parties agree to consider together, in common agreement, the amendments that may be necessary to make to any part of this agreement in the light of a change in circumstances, including the accession of Ukraine to the GATT. The first review will take place three years after the entry into force of this Agreement or at the time Ukraine becomes a contracting party to the GATT agreement, if this event is prior to the previous one.
PART II. - Political dialogue
Article 6
A regular political dialogue is established between the parties they intend to develop and strengthen. It accompanies and consolidates the rapprochement of the Community and Ukraine, supports the political and economic changes in this country and contributes to the creation of new forms of cooperation.
Political dialogue:
- will strengthen the ties between Ukraine and the Community and, consequently, the community of democratic nations. The economic convergence achieved through this agreement will lead to increased political relations;
- will lead to greater convergence of positions on international issues of mutual interest, thereby increasing security and stability;
- will encourage the parties to cooperate on issues related to the strengthening of stability and security in Europe, respect for the principles of democracy, respect for and promotion of human rights, particularly of minorities, and to consult, if necessary, on these issues.
Article 7
Where appropriate, consultations are held between the parties at the highest political level.
At the ministerial level, political dialogue takes place within the Council of Cooperation established by Article 85 or on other occasions, in common agreement, with the troika of the Union.
Article 8
Other procedures and mechanisms for political dialogue are established by the parties by establishing appropriate contacts, exchanges and consultations, including in the following forms:
- regular meetings of senior officials representing Ukraine on the one hand, and the Community on the other;
- full use of diplomatic channels between the parties, including through appropriate contacts in a bilateral or multilateral framework, such as meetings of the United Nations, the CSCE or others;
- regular exchange of information on issues of mutual interest regarding political cooperation in Europe;
- any other means that could help to consolidate and develop political dialogue.
Article 9
Political dialogue at the parliamentary level takes place within the Parliamentary Cooperation Committee, which will be established in accordance with Article 90 of this Agreement.
PART III. - Exchange of goods
Article 10
1. The parties mutually agree to the treatment of the most favoured nation, in accordance with Article 1, paragraph 1 of the GATT.
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 agreements for developing countries;
(c) the benefits granted to neighbouring countries to facilitate border traffic.
Article 11
1. The parties agree that the principle of freedom of transit of goods is an essential condition for achieving the objectives of this Agreement.
In this regard, each party guarantees the transit through or through its territory of goods originating from the customs territory or intended for the customs territory of the other party.
2. The rules referred to in Article V, paragraphs 2, 3, 4, and 5 of the GATT shall apply between the two parties.
3. The rules of this Article shall apply without prejudice to any other special rule relating to specific sectors, in particular transport, or products, agreed between the parties.
Article 12
The provisions of Article 10(1) and Article 11(2) shall not apply, during a transitional period expiring on 31 December 1998 or at the time of Ukraine's accession to the GATT, if that event is prior to the date cited, to the benefits set out in Annex I granted by Ukraine to other independent States from the day before the date of entry into force of the agreement.
Article 13
Without prejudice to the rights and obligations arising from the international conventions on the temporary admission of goods binding on both parties, each party shall grant to the other party the exemption of import duties and taxes on goods temporarily admitted, in the cases and in accordance with the procedures stipulated by any other international convention in respect of which it is bound, 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 14
The goods originating, respectively, from Ukraine and the Community are imported, respectively, in the Community and Ukraine, without any quantitative restrictions, without prejudice to Articles 18, 21, 22 and Annex II to this Agreement, and Articles 77, 81, 244, 249 and 280 of the Act of Accession of Spain and Portugal to the Community.
Article 15
1. The goods of the territory of a party imported into the territory of the other party are not subject, directly or indirectly, to any domestic tax or taxation greater than those that apply, directly or indirectly, to similar national products.
2. In addition, these products benefit from treatment not less favourable than that granted to similar products of national origin under laws, regulations and requirements for their domestic sale, offer them for sale, purchase, transport, distribution or use. This paragraph does not exclude the application of differential domestic transport rights based exclusively on the economic exploitation of the means of transport and not on the nationality of the product.
Article 16
The following GATT articles are applicable mutatis mutandis between the two parties:
(1) Article VII, paragraphs 1, 2, 3, 4a, 4b, 4d, 5,
(2) Article VIII;
(3) Article IX;
4) Article X.
Article 17
The goods are exchanged between the parties at market prices.
Article 18
1. Where imports of a given product in the territory of one of the parties increase in proportions and conditions as they cause or may cause serious harm to national producers of similar or directly competitive products, the Community or Ukraine, as the case may be, may take appropriate measures in the following conditions and procedures.
2. Before taking action or, as soon as possible, in the cases to which paragraph 4 applies, the Community or Ukraine, as the case may be, shall provide the Co-operation Committee with all relevant information to seek an acceptable solution for both parties.
3. If, as a result of the consultations, the parties fail to agree, within 30 days of notification to the Co-operation Committee, on actions to be taken to remedy the situation, the party requesting consultations is free to limit the imports of the products concerned to the extent and duration 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 held immediately after the adoption of these measures.
5. In choosing the measures to be taken under this article, the parties shall accord priority to those that at least disrupt the achievement of the objectives of this Agreement.
Article 19
Nothing in this title, and in particular Article 18, shall prejudice or affect the adoption by one 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 relevant domestic legislation.
With respect to anti-dumping or grant investigations, each party agrees to examine the comments of the other party and to inform the parties concerned of the essential facts and considerations on the basis of which a final decision must be made. Before imposing final anti-dumping and countervailing duties, the party strives to provide a constructive solution to the problem.
Rule 20
The agreement does not impede the prohibitions or restrictions of import, export or transit, justified by reasons of public morality, public order, public safety, 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 money However, such prohibitions or restrictions should not constitute a means of arbitrary discrimination or a disguised restriction in trade between the parties.
Article 21
This title is not applicable to the exchange of textile products under Chapters 50 to 63 of the combined nomenclature. The exchanges of these products are governed by a separate agreement, which was signed on 5 May 1993 and provisionally implemented since 1 May 1993^er January 1993.
Article 22
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 14, and upon its entry into force, by the provisions of an agreement on quantitative arrangements for the exchange of products "ECSC steel".
2. A contact group on coal and steel issues is set up, consisting of representatives of the Community, on the one hand, and representatives of Ukraine, on the other.
This contact group regularly exchanges information on all coal and steel issues of interest to the parties.
Article 23
The trade in nuclear materials is subject to the provisions of a specific agreement between the European Atomic Energy Community and Ukraine.
PART IV. - Trade provisions
Investments
CHAPTER I. - Employment conditions
Article 24
1. Subject to the laws, conditions and procedures applicable in each Member State, the Community and the Member States shall endeavour to ensure that workers of Ukrainian nationality 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, in relation to nationals of that Member State.
2. Subject to the laws, conditions and procedures applicable in Ukraine, Ukraine shall endeavour to ensure that workers who are nationals of a Member State legally employed in its territory are not discriminated against on the basis of nationality, with regard to the conditions of work, remuneration or dismissal, in relation to its own nationals.
Rule 25
Coordination of social security
The parties enter into agreements to:
1° to adopt, subject to the conditions and conditions applicable in each Member State, the necessary provisions for the coordination of social security systems for workers of Ukrainian nationality, legally employed in the territory of a Member State. These provisions include:
- that all periods of insurance, employment or residence carried out by the said workers in the various Member States are totaled for the purpose of acquiring old age, disability and survival pension rights and the benefit of medical care for themselves;
- that all pensions of old age, survival, disability, injury to work or occupational disease, except for special non-contributory benefits, shall be entitled to free transfer at the rate applicable under the legislation of the Member States obligor;
2° to adopt, subject to the conditions and conditions applicable in Ukraine, the necessary provisions to grant workers who are nationals of a Member State legally employed in Ukraine a treatment similar to that referred to in paragraph 1st second dash.
Rule 26
The measures to be adopted in accordance with Article 25 shall not affect in any way the rights or obligations resulting from bilateral agreements between Ukraine and the Member States, where these agreements offer more favourable treatment to Ukrainian nationals or nationals of the Member States.
Rule 27
The Cooperation Council examines joint efforts to control illegal immigration in the light of the principle and practice of readmission.
Rule 28
The Cooperation Council examines the possible improvements to the working conditions of businessmen in accordance with the international commitments of the parties, including those set out in the Bonn CSCE Conference document.
Rule 29
The Cooperation Council makes recommendations for the implementation of articles 24, 27 and 28.
CHAPTER II. - Settlement conditions
and corporate activity
Rule 30
1. (a) The Community and its Member States reserve the establishment of Ukrainian companies in their territory a 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 IV, the Community and its Member States shall reserve to the activities of the subsidiaries of Ukrainian companies established in their territory a treatment not less favourable than that granted to their own companies, in accordance with their laws and regulations.
(c) The Community and its Member States reserve the activities of the branches of Ukrainian companies established in their territory a treatment no less favourable than that granted to the branches of companies of a third country, in accordance with their laws and regulations.
2. (a) Without prejudice to the reservations listed in Schedule V, Ukraine reserves a treatment not less favourable to the establishment of community corporations in its territory than that granted to its own companies or companies of a third country, if it is better, in accordance with its legislation and regulations.
(b) Ukraine reserves the activities of subsidiaries and branches of community companies established in its territory a treatment not less favourable than that granted to its own companies or branches or to companies or branches of a third country, if better, in accordance with its legislation and regulations.
3. The provisions of paragraphs 1 and 2 shall not be used to circumvent the laws and regulations of a party, applicable to access to certain sectors or activities specific by subsidiaries of companies of the other party established in the territory of the first.
The treatment referred to in paragraphs 1 and 2 shall be acquired by the companies established in the Community and Ukraine respectively at the time of the date of entry into force of this Agreement and by the companies established thereafter.
Rule 31
1. The provisions of section 30 do not apply to air, river and marine transportation, without prejudice to the provisions of section 104.
2. However, with respect to the activities of marine agencies providing international shipping services, including intermodal activities comprising a maritime part, each party will authorize companies of the other party to have a commercial presence in its territory in the form of subsidiaries or branches, under conditions of establishment and activity not less favourable than those granted to its own companies or 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 the resale to their customers) of any transport service or annex, 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 information 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 ship's port of call or the handling of the cargo when necessary.
Rule 32
For the purposes of this Agreement:
(a) "community society" or "ukrainian society" respectively: a corporation incorporated in accordance with the legislation of a Member State or Ukraine and having its registered office, central administration or principal establishment in the territory of the Community or Ukraine. However, if the company, incorporated in accordance with the legislation of a Member State or Ukraine, has only its registered office in the territory of the Community or Ukraine, it will be considered as a community society or a Ukrainian society if its activity has an effective and continuous connection with the economy of one of the Member States or Ukraine 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 for community or Ukrainian companies defined in (a) to access economic activities through the creation of subsidiaries and branches in Ukraine or the Community respectively;
(e) "exploitation": the exercise of economic activity;
(f) "economic activities": industrial, commercial and liberal activities;
(g) in respect of international maritime transport, including intermodal operations involving a maritime route, also benefit from the provisions of this chapter and chapter III, nationals of member States or Ukraine, established outside the Community or Ukraine respectively, and shipping companies established outside the Community or Ukraine and controlled by nationals of a Member State or Ukraine, if their ships are registered in that country or are registered in that Ukraine.
Rule 33
1. Notwithstanding any other provision of this Agreement, it is not an obstacle to the adoption by a portion of prudential measures, in particular to ensure the protection of investors, depositors, insurance takers or "fiscal" or to preserve the integrity and stability of the financial system. Where such measures are not in conformity with the provisions of this Agreement, they may not be used to escape obligations to a party under this Agreement.
2. Nothing in this Agreement shall be construed to require a party to disclose information relating to the affairs and accounts of individual clients or any confidential or protected information in possession of public institutions.
Rule 34
The provisions of this Agreement shall not prejudge the application, by each party, of any measures necessary to avoid the measures it has taken regarding the access of third countries to its market being circumscribed by the provisions of this Agreement.
Rule 35
1. Notwithstanding the provisions of Chapter I, a community corporation or a Ukrainian corporation established in the territory of Ukraine or the Community respectively has the right to use or make use by one of its subsidiaries or branches, in accordance with the legislation in force in the host country, in the territory of Ukraine and the Community, respectively, of the nationals of the member states of the Community and of Ukraine, on the condition of these branches The residence and work permits of these persons cover only the period of such employment.
2. The basic staff of the companies referred to above, below referred to as "firms", is composed of "persons transferred between companies" as defined in letter (c) and belonging to the following categories, provided that the firm is a legal entity and that the persons concerned have been employed by that firm or have been partners of that firm (other than majority shareholders) for at least one year before that transfer:
(a) executives of a firm, whose principal function is to manage the firm, under the control or general direction principally of the board of directors or shareholders or their equivalents, their function of:
- direct the firm, service or branch of the firm;
- monitor and monitor the work of other staff performing technical or administrative functions;
- to initiate or terminate or recommend the hiring or dismissing of staff or to take other measures relating to staff, under the authority conferred upon them;
(b) persons employed by a firm, who have exceptional skills essential to the service, research equipment, technology or management of the firm. The evaluation of this knowledge may reflect, in addition to the firm's specific knowledge, a high level of competence for a type of work or activity requiring specific technical knowledge, as well as members of accredited professions;
(c) a "person transferred between companies" is defined as a natural person working for a firm in the territory of a party, and temporarily transferred in the context 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 36
1. The parties shall avoid taking measures or actions that 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 not prejudge those of Article 44: the situations covered by this Article shall be governed only by the provisions of this Article, excluding any other provision.
3. Acting in the spirit of partnership and cooperation and in the light of the provisions of Article 51, the Government of Ukraine shall inform the Community of its intention to propose new legislation or to adopt new regulations that may render the conditions of establishment or activity in Ukraine 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 that Ukraine communicate and engage in consultations on draft laws or regulations.
4. Where new legislation or regulations introduced in Ukraine are likely to make the conditions for the establishment of community-based companies on its territory or for the activity of branches and subsidiaries of community-based companies established in Ukraine more restrictive than they were on the day before the date of the signing of this Agreement, these laws or regulations are not applicable for the three years following the entry into force of the act in question to subsidiaries and branches already in force in Ukraine.
CHAPTER III. - Cross-border services
between the Community and Ukraine
Rule 37
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 Ukrainian companies that are established in a party other than that of 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 38
The parties cooperate with a view to developing in Ukraine a service sector that obeys market laws.
Rule 39
1. With regard to international maritime transport, the parties undertake to effectively apply the principle of free market access and traffic on a commercial basis.
(a) The above-mentioned provision does not prejudge the rights and obligations under the Code of Conduct of the United Nations 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 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 the flag vessels of the other party, a treatment not less favourable than that granted to its own ships with respect to access to ports open to international trade, the use of the auxiliary marine infrastructure and services of the ports, as well as with respect to duties and taxes, customs facilities, the designation of anchorage stations and facilities for loading and unloading.
Each party grants the same treatment to vessels used by nationals and companies in the other party, flying the flag of a third country, after a transitional period but not later than 1^er July 1997.
3. Nationals and community-based companies providing international shipping services are free to provide international fluvio-maritime services on the internal waters of Ukraine and vice versa.
Rule 40
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 applicable, air transport, may be subject to specific agreements that will be negotiated between the parties defined in section 99 after the entry into force of this Agreement.
CHAPTER IV. - General provisions
Rule 41
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 42
For the purposes of the application of this title, no provision of the latter shall hinder the application by the parties of their laws and regulations relating to admission and stay, 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 does not prejudge the application of section 41.
Rule 43
Companies controlled or owned jointly by Ukrainian companies and community corporations also benefit from the provisions of chapters II, III and IV.
Rule 44
The treatment granted, since the day preceding one month, the date of entry into force of the relevant obligations arising out of the General Agreement on Trade in Services (GATS), by one of the parties to the other party under this Agreement is no more favourable, with respect to the sectors or measures covered by the GATS, than that granted by that first section in accordance with the provisions of the GATS and that, regardless of the sector, under
Rule 45
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 Ukraine under commitments entered into in economic integration agreements in accordance with the principles of Article V of the GATS.
Rule 46
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, other tax arrangements or national tax legislation.
3. Nothing in this title shall be construed so as to prevent Member States or Ukraine from making a distinction, 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 47
Without prejudice to section 35, no provision of Chapters II, III and IV shall be construed as giving the right to:
- nationals of the Member States or Ukraine to enter or remain in the territory of Ukraine or the Community in any capacity, including as shareholders or partners of a company or managers or employees of that company or service providers or beneficiaries;
- community branches or subsidiaries of Ukrainian companies to use or use in the territory of the Community of Ukrainian Nationals;
- Ukrainian branches or affiliates of community-based companies to use or employ nationals of member States in the territory of Ukraine;
- Ukrainian companies or community branches or subsidiaries of Ukrainian companies to provide Ukrainian nationals to act on behalf of and under the control of other persons under temporary employment contracts;
- community companies or Ukrainian subsidiaries or branches of community companies to provide workers who are nationals of the Member States under temporary employment contracts.
PART V. - Current payments and capital
Rule 48
1. The parties undertake to authorize, in a freely convertible currency, all current payments relating to the balance of transactions between residents of the Community and Ukraine as the original transactions relate to the movement, released in accordance with this Agreement, of goods, services or persons between the parties.
2. With respect to transactions in the capital balance, 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 host country legislation and the investments made in accordance with the provisions of Chapter II of Title IV, as well as the liquidation or repatriation of the proceeds of such investments and any benefits 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 the residents of the Community and Ukraine 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 Ukraine 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 Ukraine within the meaning of Article VIII of the statutes of the International Monetary Fund (IMF) has not been established, Ukraine may, in exceptional circumstances, apply exchange restrictions related to the granting or obtaining financial credits in the short and medium terms, to the extent that these restrictions are imposed on it for the granting of the IMF Ukraine applies these restrictions in a non-discriminatory manner and ensures that they disrupt this Agreement as much as possible. Ukraine shall promptly inform the Co-operative Council of the adoption of these 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 Ukraine causes, or may cause, serious difficulties in the application of the exchange policy or the monetary policy of the Community or Ukraine, the Community and Ukraine, respectively, may take measures to safeguard with respect to the movements of capital between the Community and Ukraine for a period not exceeding 6 months.
PART VI. - Competition, intellectual, industrial and commercial property protection and legislative cooperation
Rule 49
1. The parties agree to neutralize or eliminate by the application of their competition laws or in any other way, restrictions on competition due to companies or State intervention to the extent that they may affect trade between the Community and Ukraine.
2. In order to achieve the objectives mentioned in paragraph 1:
2.1 The parties shall ensure the adoption and enforcement of competition restrictions laws by firms under their jurisdiction.
2.2 The parties refrain from granting State aids that promote certain enterprises or the production of goods other than commodities as defined in the GATT or the provision of services, which distort or threaten to distort competition as they affect exchanges between the Community and Ukraine.
2.3 At the request of one of the parties, the other party provides information on its aid regimes or on specific cases of State aid. No information covered by the statutory provisions of the parties in respect of professional or commercial secrecy shall be provided.
2.4 In the case of commercial State monopolies, the parties declare that they are ready, from the fourth year following the date of entry into force of this Agreement, to ensure that there will be no discrimination between the nationals of the parties with respect to the conditions under which the goods are supplied or marketed.
2.5 With regard to public enterprises or enterprises to which member States or Ukraine grant exclusive rights, the parties declare that they are prepared, from the fourth year following the date of entry into force of this Agreement, to ensure that no action disturbs the exchanges between the Community and Ukraine to a measure contrary to the respective interests of the parties is adopted or maintained. This provision does not preclude the execution, in law or in fact, of the particular tasks assigned to these companies.
2.6 The period defined in paragraphs 2.4. and 2.5. may be extended by agreement of the parties.
3. Consultations may be held within the Co-operation Committee at the request of the Community or Ukraine regarding the restrictions or distortions of competition referred to in paragraphs 1 and 2 and the application of their competition rules, subject to the limitations imposed by the laws relating to the disclosure of information, confidentiality and confidentiality of cases. Consultations may also address issues related to the interpretation of paragraphs 1 and 2.
4. Parties with experience in the application of competition rules shall endeavour to provide technical assistance to other parties, upon request and within available resources, for the development and implementation of competition rules.
5. The above-mentioned provisions do not affect the rights of the parties to implement adequate measures, including those referred to in Article 19, to remedy any distortion of trade in goods or services.
Rule 50
1. In accordance with the provisions of this Article and Annex III, Ukraine 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, Ukraine 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.
Rule 51
1. The parties recognize that the strengthening of economic ties between Ukraine and the Community depends mainly on the approximation of the existing and future legislation of Ukraine with that of the Community. Ukraine will make every effort to ensure that its legislation is progressively compatible with community legislation.
2. The approximation of legislation includes, in particular, the following areas: customs legislation, corporate law, bank law, accounting and corporate taxation, intellectual property, workplace protection, financial services, competition rules, public procurement, protection of the health and life of persons, animals and plants, environment, consumer protection, indirect taxation, technical rules and standards, nuclear laws and regulations, transport.
3. The technical assistance provided by the Community to Ukraine, as appropriate, for the implementation of these measures may include:
- the exchange of experts;
- provision of timely information, including legislation;
- organization of seminars;
- training activities;
- assistance for the translation of community legislation in the sectors concerned.
PART VII. - Economic cooperation
Rule 52
1. The Community and Ukraine establish economic cooperation to contribute to the process of economic reform and recovery and to the sustainable development of Ukraine. This cooperation strengthens and develops 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 Ukraine; They are based on the principles of sustainability and harmonious social development and also incorporate environmental considerations.
3. To this end, cooperation focuses on industrial cooperation, promotion and protection of investments, public markets, standards and conformity assessments, mining and raw materials, science and technology, education and training, agriculture and the agro-industrial sector, energy, the civil nuclear sector, the environment, transport, space, telecommunications, financial services, money laundering,
4. Particular attention is paid to measures that could promote cooperation between independent States and other neighbouring countries 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 Community applicable to technical assistance to independent States, the priorities agreed in the indicative programme for technical assistance of the Community to Ukraine and the procedures for coordination and implementation set out therein.
6. The Cooperation Council makes recommendations on the development of cooperation in the areas indicated in paragraph 3.
Rule 53
Industrial cooperation
1. In particular, cooperation aims to promote:
- the development of trade linkages between economic agents of both parties, for example with regard to technology transfer and know-how;
- the Community's participation in Ukraine's efforts to technically restructure and improve its industry;
- improved management;
- the development of adequate trade rules and practices, including the marketing of products;
- environmental protection;
- adapting the structure of industrial production to the standards of an advanced market economy;
- conversion of the military-industrial complex.
2. The provisions of this section do not affect the application of community competition rules to businesses.
Rule 54
Promotion and protection of investments
1. Given the respective powers and competencies of the Community and its member States, cooperation aims to create an environment conducive to investment, both domestic and foreign, particularly through better conditions for the protection of investment, the transfer of capital and the exchange of information on investment opportunities.
2. In particular, cooperation aims to promote:
- the conclusion, if any, between the Member States and Ukraine of agreements for the promotion and protection of investments;
- the conclusion, if any, between the Member States and Ukraine of agreements to avoid double taxation;
- the creation of favourable conditions to attract foreign investment in the Ukrainian economy;
- the establishment of stable and adequate trade laws and conditions, and the exchange of information on administrative laws, regulations and practices in the area of investment;
- the exchange of information on investment opportunities within, inter alia, trade fairs, exhibitions, commercial weeks and other events.
Rule 55
Public procurement
The parties cooperate to promote open competition in procurement of goods and services, including through tenders.
Rule 56
Standards cooperation
and the 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 Ukrainian products.
2. To this end, the parties shall endeavour:
- to promote appropriate cooperation with organizations and specialized agencies in these areas;
- to promote the use of Community technical rules and the application of European conformity assessment standards and procedures;
- to promote the sharing of experience and technical information in quality management.
Rule 57
Mining and raw materials
1. The parties aim to increase investment and trade in mining and raw materials.
2. In particular, cooperation aims to promote:
- the exchange of information on developments in mining and non-ferrous metals;
- establishing a legal framework for cooperation;
- trade issues;
- the development of legislative and other measures in the field of environmental protection;
- training;
- safety in the mining industry.
Rule 58
Cooperation in science and technology
1. The parties promote, in their mutual interest, cooperation in the field of civil scientific research and civil technological development and, taking into account available resources, appropriate access to their respective programmes, subject to the effective and adequate protection of intellectual, industrial and commercial property rights.
2. Cooperation in science and technology includes:
- the exchange of scientific and technological information;
- joint research and development activities;
- training activities and mobility programmes for scientists, researchers and technicians from both sides working in the field of research and technological development.
Where such cooperation is carried out in activities related to education and/or training, it must comply with the provisions of section 59.
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 property rights.
Rule 59
Education and training
1. The parties cooperate to raise the level of general education and professional qualifications in Ukraine, both in the public and private sectors.
2. In particular, cooperation concerns the following areas:
- the rehabilitation of higher education and training systems in Ukraine, 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 identified;
- cooperation between educational institutions and between educational institutions and enterprises;
- the mobility of teachers, graduates, administrators, young scientists and researchers, and youth;
- promotion of European studies in appropriate institutions;
- teaching community languages;
- the post-university training of conference interpreters;
- training journalists;
- training trainers.
3. The possible participation of a party in the various education and training programmes of the other party may be considered in accordance with their respective procedures and, where appropriate, institutional frameworks and cooperation programmes are then established in the context of Ukraine's participation in the Community's TEMPUS programme.
Rule 60
Agriculture and agro-industrial sector
In this area, cooperation aims to promote agrarian reform, modernization, privatization and restructuring of agriculture, agro-industrial sectors and services in Ukraine, to develop national and international markets for Ukrainian products, under conditions ensuring environmental protection, given the need to improve the security of food supply. The parties are also aiming at gradually bringing together Ukrainian standards with community-based technical regulations on industrial and agricultural food, including sanitary and phytosanitary standards.
Rule 61
Energy
1. Co-operation is part of the principles of the market economy and the Treaty of 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, in order to avoid or minimize environmental damage resulting from these activities;
- improving the quality and safety of energy supply, including supplier diversification, 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 trade and investment in energy;
- promoting energy savings and energy efficiency;
- modernization, development and diversification of energy infrastructure;
- improvement of supply and end-use technologies regardless of energy type;
- management and technical training in the energy sector.
Rule 62
Civil nuclear cooperation
1. In the light of the respective powers and competencies of the Community and its member States, cooperation in the civil nuclear field is carried out through the implementation of specific agreements, including the trade in nuclear materials, nuclear safety and thermonuclear fusion, and in accordance with the legal procedures of each party.
2. The parties cooperate, including in international forums, to resolve the problems arising from the Chernobyl disaster; this cooperation is particularly relevant to:
- joint study of scientific problems related to the Chernobyl accident;
- combating radioactive contamination of air, soil and water;
- control and supervision of environmental radio-activities;
- management of emergency nuclear/radioactive situations;
- decontamination of land polluted by radioactivity and treatment of nuclear waste;
- medical problems related to the impact of nuclear accidents on public health;
- solution of the security problem associated with the destruction of the fourth reactor destroyed at the Chernobyl plant;
- economic and administrative aspects of efforts to overcome the disaster;
- training in the field of prevention and mitigation of nuclear accidents;
- scientific and technical aspects of actions to address the consequences of the Chernobyl disaster;
- other areas subject to the agreement of the parties.
Rule 63
Environment
1. In the spirit of the European Energy Charter and the Declaration of the 1993 Lucerne Conference, 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 energy production and consumption; safety of industrial facilities;
- classification and safe handling of chemicals;
- water quality;
- the clean reduction, recycling and 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, protected areas and the sustainable use and management of biological resources;
- spatial planning, including construction and urban planning;
- the use of economic and fiscal instruments;
- the evolution of the global climate;
- education and ecological awareness;
- the implementation of the Espoo Convention on Environmental Impact Assessment in a Transboundary Context.
3. Cooperation includes:
- planning for disaster management and other emergencies;
- exchange of information and experts, in particular with regard to 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 climate problems and the achievement of sustainable development;
- Environmental impact studies.
Rule 64
Transport
The parties develop and enhance their cooperation in the field of transport.
This cooperation aims, inter alia, to restructure and modernize transport systems and networks in Ukraine and to develop and ensure, where appropriate, the compatibility of transport systems from a globalized perspective.
Cooperation includes:
- 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 aforementioned modes of transport;
- the promotion and development of multimodal transport;
- promoting joint research and development programmes;
- the preparation of the legislative and institutional framework for the development and implementation of a transport policy including the privatization of the transport sector.
Rule 65
Space
In keeping with the competence of the Community, its member states and the European Space Agency, the parties encourage, where appropriate, long-term cooperation in research, development and commercial applications in the civil space field. The parties pay particular attention to initiatives that favour complementarity of their respective space activities.
Rule 66
Postal services and telecommunications
As part of their respective powers and competencies, 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 development of telecommunications and postal services projects, and attracting investment;
- 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 67
Financial services
In particular, cooperation aims to facilitate the integration of Ukraine into universally accepted systems of regulations. Technical assistance includes:
- the development of banking and financial services, the development of a common finance market, the integration of Ukraine into a universally accepted system of regulations;
- the development in Ukraine of a tax system and its institutions, the exchange of experience and the training of staff;
- the development of insurance services, which would create, among other things, a framework conducive to the participation of community companies in the establishment of joint ventures in the insurance sector in Ukraine, as well as the development of export credit insurance;
- this cooperation in particular contributes to the development of relations between Ukraine and member states in the financial services sector.
Rule 68
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 adopt appropriate standards to combat money-laundering, comparable to those adopted in this area by the Community and international bodies active in this area, and in particular the international financial action group (FATF).
Rule 69
Monetary policy
At the request of the Ukrainian authorities, the Community provides technical assistance to help Ukraine create and strengthen its own monetary system and introduce a new monetary unit that will become a convertible currency and gradually adapt its policies to those of the European monetary system. This includes the informal exchange of information on the principles and functioning of the European monetary system.
Rule 70
Regional development
1. The parties strengthen their cooperation in the area of regional development and land development.
2. To this end, they 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 public organizations responsible for regional development planning with the aim, inter alia, to exchange methods and means to encourage regional development.
Rule 71
Social cooperation
1. In the area of health and safety, the parties develop their cooperation with the aim of improving the level of protection of workers' health and safety.
Cooperation includes:
- health and safety education and training, with special attention to high-risk sectors;
- the development and promotion of preventive measures to combat occupational diseases;
- the prevention of major accidents and the management of toxic chemicals;
- research to develop the knowledge base on the work environment and the health and safety of workers.
2. In the area of employment, cooperation includes technical assistance related to:
- optimization of the labour market;
- modernization of investment and orientation services;
- planning and implementation of restructuring programmes;
- promoting local employment development;
- the exchange of information on flexible employment programs, including those that stimulate self-employment and encourage the entrepreneurial spirit.
3. The parties pay particular attention to cooperation in the area of social protection, including cooperation in planning and implementing social protection reforms in Ukraine.
These reforms aim to develop market-specific protection methods in Ukraine and include all forms of social protection.
Rule 72
Tourism
The parties strengthen and develop their cooperation, including:
- promoting tourism exchanges;
- ensuring cooperation between official tourism bodies;
- increasing the flow of information;
- transferring know-how;
- examining opportunities for joint actions;
- providing training for tourism development.
Rule 73
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 Ukraine.
2. Cooperation includes technical assistance, including:
- development of a legislative framework for small and medium-sized enterprises;
- development of appropriate infrastructure (a support agency for SMEs, communications, support for the creation of a fund for SMEs);
- the development of technological parks.
Rule 74
Information and communication
Parties encourage 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 Ukraine, including, to the extent possible, mutual access to databases, taking into account intellectual property rights.
Rule 75
Consumer protection
The parties establish close cooperation to achieve compatibility between their consumer protection systems. This cooperation includes the provision of expertise in legislative and institutional reforms, the establishment of permanent systems of reciprocal information on hazardous products, the improvement of information provided to consumers particularly in terms of prices, characteristics of products and services offered, training activities for government officials and other consumer interests, the development of exchanges between consumer interests representatives and the improvement of policy compatibility.
Rule 76
Customs
1. Cooperation aims to ensure compliance with all provisions to be agreed in the field of loyal trade and to bring Ukraine'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 Ukraine;
- 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.
3. Without prejudice to other forms of cooperation provided for in this Agreement, particularly in Article 79, mutual assistance in customs matters between the administrative authorities of the parties shall be governed by the provisions of the protocol attached to this Agreement.
Rule 77
Statistical cooperation
Cooperation in this area aims to establish an effective statistical system that will provide reliable statistics, to support and monitor the process of economic reforms and to contribute to the development of the private enterprise in Ukraine.
The parties cooperate particularly in the following areas:
- adaptation of the Ukrainian statistical system to international methods, standards and classifications;
- exchange of statistical information;
- provision of macro- and micro-economic statistical information necessary to implement and manage economic reforms.
To this end, the Community provides technical assistance to Ukraine.
Rule 78
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 development and implementation of economic policy in market economies. To this end, the parties exchange information on macroeconomic results and perspectives.
The Community provides technical assistance to:
- assist Ukraine in the economic reform process by providing specialized advice and technical assistance;
- encourage cooperation between economists in order to accelerate the transfer of know-how necessary for the formulation of economic policies and to ensure a wide dissemination of the results of the related research.
Rule 79
Drug control
As part of their respective powers and competences, the parties cooperate to increase the 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 precursor chemicals, as well as to promote the prevention and reduction of drug demand. Cooperation in this area is based on mutual consultation and close coordination between the parties with regard to the objectives and strategies adopted in the various areas of drug control.
PART VIII. - Cultural cooperation
Rule 80
The parties undertake to promote, encourage and facilitate cultural cooperation. Where applicable, cultural cooperation programs existing in the Community or those of one or more of its member States may be the subject of cooperation and other activities of mutual interest may be developed.
PART IX. - Financial cooperation
Rule 81
In order to achieve the objectives of this Agreement and in accordance with Articles 82, 83 and 84, Ukraine has a temporary financial assistance granted to it by the Community through technical assistance in the form of donations to accelerate its process of economic reform.
Rule 82
This financial assistance is covered by the measures envisaged under the TACIS programme and the Commission ' s regulations.
Rule 83
The objectives of the Community's financial assistance and the areas covered by this assistance are set out in an indicative programme reflecting the agreed priorities between the two parties, taking into account the needs of Ukraine, its sectoral capacity for absorption and the evolution of reforms. The parties inform the cooperation council.
Rule 84
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 Member States, third countries, and international organizations, such as the International Bank for Reconstruction and Development, the European Bank for Reconstruction and Development, the United Nations Development Programme (UNDP) and the IMF.
TITRE X. - Institutional, general and final provisions
Rule 85
A cooperation council shall be established to oversee the implementation of this Agreement. The Board meets at the ministerial level once a year and whenever circumstances require it. It examines the important issues arising within the framework of the agreement as well as any other bilateral or international issues of common interest in achieving the objectives of this Agreement. The cooperation council may also make appropriate recommendations, in common agreement between the two parties.
Rule 86
1. The cooperation council is composed, on the one hand, of the members of the Council of the European Union and the members of the Commission of the European Communities and, on the other, of the members of the Ukrainian government.
2. The Co-operative Council shall determine its rules of procedure.
3. The Presidency of the Cooperation Council is in turn exercised by a representative of the Community and a member of the Ukrainian Government.
Rule 87
1. The cooperation council is assisted in the fulfilment of 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 Ukrainian government, normally at the level of senior officials. The chair of the Co-operation Committee is exercised in turn by the Community and Ukraine.
The Co-operation Board shall determine in its rules of procedure the mission of the Co-operation Committee, including the preparation of the meetings of the Co-operation Council, as well as the modalities of its operation.
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 88
The Cooperation Council may decide to establish any other committee or body to assist it in carrying out its tasks and determine the composition, mission and functioning of these committees and bodies.
Rule 89
In considering a matter arising out of this Agreement relating to a provision referring to a GATT article, the Cooperation Council shall take into account, to the extent possible, the generally given interpretation of the GATT article in question by the Contracting Parties to the GATT.
Rule 90
It is established a parliamentary committee for cooperation, which is the forum for meeting and dialogue between the members of the Ukrainian Parliament and those of the European Parliament. This commission meets according to a periodicity it determines.
Rule 91
1. The parliamentary committee for cooperation is composed of members of the European Parliament and, on the other hand, members of the Ukrainian Parliament.
2. The Parliamentary Committee for Cooperation sets out its rules of procedure.
3. The chair of the parliamentary committee for cooperation is exercised in turn by the European Parliament and the Ukrainian Parliament, in accordance with the modalities to be provided for in the rules of procedure.
Rule 92
The Parliamentary Cooperation Committee may request the Cooperation Council to provide any useful information regarding the implementation of this Agreement. The Cooperation Council provides 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 93
1. As part of this agreement, each party undertakes to ensure the access of the natural and legal persons of the other party, without any discrimination against its own nationals, to the competent courts and administrative bodies of the parties in order to assert their individual and real rights, including those relating to intellectual, industrial and commercial property.
2. Within their respective powers, the parties shall:
- encourage the use of arbitration to resolve disputes arising from commercial transactions and cooperation between the economic operators of the Community and those of Ukraine;
- agree that where a dispute is subject to arbitration, each party to the dispute may, except where the rules of the arbitration centre chosen by the parties decide otherwise, choose its own arbitrator, irrespective of its nationality, and that the third arbitrator or sole arbitrator may be a third-country national;
- recommend to their economic operators to agree on the law applicable to their contracts;
- encourage the use of arbitration rules developed by the United Nations Commission on International Trade Law (UNCITRAL) and arbitration by any centre of a country signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards signed in New York on 10 June 1958.
Rule 94
Nothing in the 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) relating to the production or trade of weapons, ammunition or war equipment or to the research, development or production necessary to ensure its defence, provided that such measures do not affect the competitive conditions for products not specifically intended for military purposes;
(c) that it considers essential to ensure its security in the event of serious internal disturbances that may affect public peace, in the event of war or serious international tension threatening to lead to armed conflict or in order to meet its obligations to ensure the maintenance of peace and international security;
(d) it considers necessary to meet its international obligations and commitments on the control of dual-use industrial goods and technologies.
Rule 95
1. In the areas covered by this Agreement and without prejudice to any particular provision contained therein:
- the regime applied by Ukraine with respect to the Community shall not discriminate between the Member States, their nationals or their societies;
- the regime applied by the Community in respect of Ukraine cannot result in any discrimination between nationals of Ukraine or its societies.
2. The provisions of subsection 1 do not impede the rights of the parties to apply the relevant provisions of their tax legislation to taxpayers who are not in an identical situation with respect to their place of residence.
Rule 96
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 is a third conciliator.
The recommendations of the conciliators are made by a majority. These recommendations are not mandatory for parties.
Rule 97
The parties agree to consult expeditiously at the request of one of the parties to consider any matters relating to the interpretation or implementation of this Agreement and other relevant aspects of the relationship between the parties.
The provisions of this article shall in no case affect articles 18, 19, 96 and 102 and shall not prejudge in any way the same articles.
Rule 98
The regime granted to Ukraine under this Agreement is in no way more favourable than that which the Member States apply between them.
Rule 99
For the purposes of this Agreement, the term "Parties" means, on the one hand, Ukraine and, on the other, the Community, or the Member States, or the Community and the Member States, in accordance with their respective powers.
Rule 100
To the extent that the substances covered by this Agreement are covered by the Treaty of the European Energy Charter and its Protocols, the Treaty and its Protocols shall apply, as soon as the Agreement comes into force, to these matters, but only to the extent that such application is provided for.
Rule 101
This Agreement shall be concluded for an initial period of ten years. The agreement will be renewed automatically from year to year provided that neither of the two parties denounces it six months before its expiry by notifying in writing its intention to the other party.
Rule 102
1. The parties shall take any general or special measures necessary for the fulfilment of their obligations under this Agreement. They ensure that the objectives defined by 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-operative Council with all necessary information necessary for a thorough review of the situation with a view to seeking a solution acceptable to the parties.
The choice must be given as a matter of priority to measures that disrupt the operation of this Agreement at least. These measures shall be notified immediately to the Cooperation Council if the other party so requests.
Rule 103
Annexes I, II, III, IV, V and the appendix to it and the protocol are an integral part of this agreement.
Rule 104
This Agreement shall not affect, before any equivalent rights have been granted to persons and economic agents under this Agreement, the rights guaranteed to them by existing agreements linking one or more Member States, on the one hand, and Ukraine, 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 their competence.
Rule 105
This Agreement applies, on the one hand, to the territories where the treaties establishing the European Economic Community, the European Atomic Energy Community and the European Coal and Steel Community are applied and under the conditions provided for by the said treaties and, on the other, to the territory of Ukraine.
Rule 106
The Secretary General of the Council of the European Union is the depositary of this Agreement.
Rule 107
The original of this Agreement, of which copies in German, English, Danish, Spanish, French, Greek, Italian, Dutch, Portuguese and Ukrainian languages are equally authentic, is deposited with the Secretary General of the Council of the European Union.
Rule 108
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 paragraph 1.
As soon as it comes into force, and to the extent that relations between Ukraine and the Community are concerned, this Agreement replaces the agreement between the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist Republics concerning trade and trade and economic cooperation signed in Brussels on 18 December 1989.
Rule 109
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 Ukraine, 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 Luxembourg, the fourteenth june nine hundred and ninety-four.
For the Kingdom of Belgium:
For the European Communities:
List of annexes
Annex I Indicative list of benefits granted by Ukraine to independent States under Article 12
Appendix II Extraordinary Measures in Derogation from Article 14
Annex III Conventions relating to intellectual, industrial and commercial property referred to in Article 50, paragraph 2
Annex IV Community reservations to Article 30, paragraph 1 (b)
Annex V Reservations of Ukraine with respect to Article 30, paragraph 2, item (a)
Appendix
Appendix V Financial Services: Definitions
List of protocols
Protocol on Mutual Customs Assistance.
Annex I
Indicative list of benefits granted by Ukraine
to Independent States under Article 12
1. Armenia, Belarus, Estonia, Georgia, Kazakhstan, Lithuania, Moldova, 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 under 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, Kazakhstan, Lithuania, Moldova, Turkmenistan: payments can be made in roubles.
Russia: payments can be made in roubles or karbovanets.
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
Exceptional measures derogated from article 14
1. Ukraine is authorized to take exceptional measures that derogate from Article 14, in the form of quantitative restrictions on a non-discriminatory basis.
2. These measures can only be applied to emerging industries or to certain sectors in restructuring or facing serious difficulties, especially when these difficulties lead to serious social problems.
3. The total value of imports of products subject to these measures cannot exceed 15% of the Community's total imports in the last year prior to the introduction of any quantitative restriction, for which statistics are available. .
4. These measures are applicable only during a transition period expiring on 31 December 1998, unless the parties decide otherwise, or when Ukraine becomes a Contracting Party to the GATT, if this event is prior to the date cited.
5. Ukraine shall inform the Cooperation Council of any exceptional measures that it intends to adopt under the provisions of this annex and, at the request of the Community, consultations shall be held within the Cooperation Council with respect to such measures and areas as they relate to prior to their implementation.
Annex III
Intellectual, Industrial
and trade referred to in Article 50, paragraph 2
1. Article 50, paragraph 2, deals with the following multilateral conventions:
- Bern 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 Agreement concerning the International Classification of Products and Services for the Registration of Marks (Geneva, 1977, revised in 1979);
- Budapest Treaty on the International Recognition of Microorganisms for the Patent Procedure (1977, amended in 1980);
- International Convention for the Protection of Plant Breeding (Geneva Act, 1978).
2. Ukraine is making every effort to accede to the 1991 International Convention for the Protection of Plant Breeding Act without delay.
3. The Cooperation Council may recommend that section 50, 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, in order to find a mutually satisfactory solution.
4. 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 Agreement concerning the International Registration of Marks ( Stockholm Act, 1967, amended in 1979);
- Patent Cooperation Treaty (Washington 1970, amended and amended in 1979 and 1984).
5. As soon as this Agreement comes into force, Ukraine grants, in terms of the recognition and protection of intellectual, industrial and commercial property, companies and citizens of the Community no less favourable treatment than that it reserves to any third country under a bilateral agreement.
6. The provisions of paragraph 5 do not apply to the benefits granted by Ukraine to a third country on an effective reciprocity basis or to the benefits granted by Ukraine to another country in the former USSR.
Annex IV
Community reserves
concerning Article 30, paragraph 1 (b)
Mining
In some Member States, the exploitation of mining and mineral resources by companies outside the control of the EC may be subject to a concession.
Fishing
Access to the biological resources and fishing funds located in the marine waters that fall under the sovereignty or jurisdiction of the Member States, as well as their exploitation, are reserved for fishing vessels flying the flag of a Member State 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 EC, who wish to establish an agricultural enterprise. The purchase of vineyards by a company outside the control of the EC is subject to a notification procedure or, where applicable, to an authorization.
Press agencies services
In some Member States, foreign participation in publishing companies or television or broadcasting companies is limited.
Annex V
Reserves of Ukraine
pursuant to Article 30, paragraph 2, item (a)
The application of the reservations contained in this annex may in no way result in less favourable treatment than that granted to companies in any third country.
1. Financial Services (as defined in the Appendix)
1.1 Banking and related financial services
For a transitional period not exceeding five years from the date of signing of this Agreement, Ukraine may continue to apply, with respect to the establishment of subsidiaries or branches of community corporations in Ukraine, the provisions of Ukrainian law:
- concerning "the foreign currency control and regulation system",
- concerning "banks and banking activities",
- about "safeguards,"
- concerning "values and scholarships of values",
- concerning "privacy bonds" (in connection with the distribution and marketing of privatization coupons).
During the transition period referred to above, Ukraine will not introduce any new provisions or regulations that may increase the level of discrimination applied to affiliates or branches of community companies in relation to the regime reserved for Ukrainian companies.
1.2 Insurance (as defined in Appendix V)
Within a maximum period of five years from the date of signature of this Agreement, Ukraine creates the conditions necessary for the establishment of community or common insurance companies, under the conditions set out in Article 30, paragraph 2, point a).
During the transition period referred to above, Ukraine will not introduce any new provisions or regulations that may increase the level of discrimination applied to affiliates or branches of community companies in relation to the regime reserved for Ukrainian companies.
Throughout the transition period, insurance activities in certain sectors are, for foreigners, prohibited, limited or subject to special conditions.
2. Other areas
Real property brokerage, including land
Property and exploitation of natural resources
Subsoil and natural resources, including mining resources.
Purchase and sale of natural resources
Fishing
Access to and operation of biological resources and fishing funds in Ukrainian territorial waters and the exclusive economic zone of Ukraine are regulated.
Hunting is limited in accordance with Ukrainian legislation.
Agriculture
Purchase and sale of agricultural and forest land
Rental of property
Payment of the rental of property may be required in currencies freely convertible
Telecommunications
Establishment of a foreign-controlled corporation may be subject to authorization
Mass communication means
Foreign participation in mass communication activities may be limited
Some professional activities
The professional activities of certain sectors are reserved for Ukrainian citizens or are subject to special qualifications (medicine, education, legal services, not including the business council which includes the corresponding legal aspects)
Historic buildings and monuments
Appendix to Appendix V
Financial services: definitions
"financial services" means any financial service offered by the providers of one of the parties providing such services. Financial services cover the following activities:
A. All insurance services and related activities
1. Direct insurance (including co-insurance):
(i) life
(ii) non-living.
2. Reinsurance and surrender.
3. Activities of insurance intermediaries, such as brokers and agents.
4. Auxiliary insurance services, such as consulting, actuarial, risk assessment and claims settlement services.
B. Banking and other financial services (excluding insurance)
1. Acceptance of deposits and other publicly repayable funds
2. Loans of all kinds, including consumer credit, mortgage credit, consolidation and financing of commercial transactions.
3. Financial lease.
4. Payment and money transfer services, such as credit or debit cards, travel cheques and bank cheques.
5. Guarantees and commitments.
6. Interventions on behalf of itself, or on behalf of customers, either on the stock market, the off-line market or other:
(a) monetary market instruments (e.g. cheques, trades, deposit certificates, etc.);
(b) currency;
(c) derivatives, inter alia, futures contracts and options;
(d) exchange rates and interest rates, including products such as swaps, rate guarantee contracts, etc.;
(e) communicable securities;
(f) other negotiable financial instruments and assets, including metal reserves.
7. Participation in the issuance of securities of all kinds, including subscriptions, investments (private or public) as agents and services related to these emissions.
8. Exchange broker activities.
9. Asset management, including cash or portfolio management, all forms of collective investment management, pension fund management, custody, deposit or designation services.
10. Financial asset settlement and compensation services such as securities, derivatives and other negotiable instruments.
11. Communication and tranferment of financial information, financial data processing activities and provision of software specialized by providers of other financial services;
12. Advisory services and other auxiliary financial services related to the various activities listed in items 1 to 11, including information and evaluations on credit files, investigations and investment information and portfolio development, advice on corporate equity, restructuring and strategies.
The following activities are excluded from the definition of financial services:
(a) activities carried out by central banks or other public institutions in the context of currency and exchange rate policies;
(b) activities carried out by central banks, agencies, administrations or public institutions on behalf of or on government bail, except where such activities may be carried out by competing financial service providers of these public authorities;
(c) activities in an official social security or old-age pension system, except in cases where such activities may be carried out by competing financial service providers of public or private communities.
Protocol on Mutual Assistance
Customs authorities
Article 1
Definitions
For the purposes of this protocol:
(a) "Custom law": the provisions applicable to the territories of the parties governing the importation, export, transit of the goods and their placement under any 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, as provided in this Protocol, shall apply to any administrative authority of the parties that is competent for the purposes of this Protocol. It does not prejudge the provisions 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. Upon request by the requesting authority, the requested authority shall provide the requested authority with any useful information to it to ensure that customs legislation is properly applied, including information relating to recognized or planned transactions that constitute or are likely to constitute an offence to that legislation.
2. Upon request by the requesting authority, the requested authority shall inform the requesting authority of whether the goods exported from the territory of one of the parties have been regularly brought into the territory of the other party, specifying, where appropriate, the customs regime under which the goods were placed.
3. Upon request by the requesting authority, the required authority shall take the necessary steps to ensure that monitoring is exercised on:
(a) natural or legal persons reasonably believed to have committed or committed violations of customs legislation;
(b) movements of goods reported as potentially causing serious violations of customs law;
(c) the means of transport reasonably believed to have been, are or may be used to commit offences under customs law.
Article 4
spontaneous assistance
The parties, in accordance with their legislative and regulatory provisions and other legal instruments, are mutually supportive if they consider it necessary for the proper application of customs legislation, in particular when they obtain information related to:
- operations that have constituted, constituted or are likely to constitute an offence to that legislation and that may be of interest to other parties,
- the new means or methods used to perform these operations,
- and the goods known to be a serious breach 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 to respond to these requests are accompanied by this request. Where the urgency of the situation requires it, requests submitted verbally may be accepted, but must be immediately confirmed in writing.
2. The requests submitted pursuant to paragraph 1 shall be accompanied by the following information:
(a) the requesting authority submitting the application,
(b) the measure required,
(c) the object and purpose of the application,
(d) legislation, rules and other relevant legal elements,
(e) as accurate and complete guidance as possible on individuals or legal entities that are investigated,
(f) a summary of the relevant facts and investigations already carried out, except in the cases provided for in Article 5.
3. Requests are made in an official language of the required authority or in a language acceptable to that authority.
4. If an application does not meet the formal requirements, it is possible to request that it be corrected or completed; However, precautionary measures may be ordered.
Article 7
Application implementation
1. In order to respond to a request for assistance, the requested authority, or, where it cannot act alone, the administrative service to which the request was made by that authority shall, within the limits of its jurisdiction and resources, be available as if it were for its own account or at the request of other authorities of the same party, by providing the information already available to it and by conducting or conducting appropriate investigations.
2. Requests for assistance are met in accordance with the legislation, rules and other legal instruments of the requested party.
3. Duly authorized officials of a party may, with the agreement of the other party in question and under the conditions provided for by that party, collect, in the offices of the required authority or another authority responsible for that authority, information relating to 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, and under the conditions established by the latter, be present in the investigations carried out 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 provision of documents under paragraph 1 may be replaced by the provision of information produced in any form and for the same purposes by the means of computing.
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 and similar information by the relevant laws of the contracting party that has received it, as well as by the corresponding provisions applicable to community proceedings.
2. The nominal data is not provided where it is reasonably necessary to believe that the transmission or use of the data 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 agreement of the administrative authority that provided them and, in addition, 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 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 reimbursements of costs arising from the application of this Protocol, except where applicable, in respect of compensation to experts and witnesses, as well as 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 Ukraine, on the one hand, to the competent services of the Commission of the European Communities, and, if necessary, to the customs authorities of the Member States of the European Union, on the other. They shall decide on all the practical measures and provisions necessary for its implementation, taking into account the existing data protection rules. They may propose to the competent bodies the modifications which they believe should be made to the present protocol.
2. The parties shall consult and instruct each other of the terms and conditions of application that are adopted in accordance with 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 Ukraine. It also does not forbid further customs cooperation under its 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.
Joint Declaration on Article 18
The Community and Ukraine declare that the text of the safeguard clause does not give access to the benefits of the corresponding GATT provisions.
Joint Declaration on Article 19
It is understood that the provisions of Article 19 are not intended to slow down, hamper or prevent the execution of the procedures set out in the respective laws of both parties in respect of anti-dumping or anti-subsidy investigations.
Joint Declaration on Article 30
Without prejudice to the reservations listed in Annexes IV and V and the provisions of Articles 44 and 47, the parties agree that the terms "in accordance with their laws and regulations" referred to in paragraphs 1 and 2 of Article 30 mean that each party may regulate the establishment and activity of the companies established in its territory, provided that such regulation does not introduce in respect of the establishment and activity of the companies of the other party,
Joint declaration concerning article 31
The commercial presence of river carriers of one of the parties in the territory of the other party is governed by the legislative provisions in force in the Member States or in Ukraine, as long as more favourable specific provisions governing such a commercial presence have not been adopted, and provided that such presence is not governed by other legislative acts having a binding effect on the parties.
It is understood that a commercial presence must adopt the form of subsidiaries or branches as defined in section 32.
" Applicable Legislation" is translated into Ukrainian by the terms "DIYUCHE ZAKONODAVSTVO".
Joint statement on the concept of "control"
in section 32, item (b) and section 43
1. The parties confirm that it is understood that the issue of control depends on the factual circumstances of the particular case in question.
2. Thus, for example, a company is considered to be "controlled" by another company and therefore subsidiary to it if:
- the other company directly or indirectly holds the majority of voting rights, or
- the other company has the right to appoint or terminate a majority of the members of the administrative body, the management body or the supervisory body and if it is at the same time a shareholder or member of the subsidiary.
3. Both parties consider that the criteria referred to in paragraph 2 are not exhaustive.
Joint Declaration on Article 50
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
The parties state that the terms "intellectual, industrial and commercial property" are translated into Ukrainian by "intelektualna vlasnist".
Joint Declaration on Article 102
The parties agree, for the purposes of their correct interpretation and practical application, that the terms "particularly urgent cases", contained in Article 102 of the agreement, 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 referred to in Article 2.
Final Act
Plenipotentiaries
of the Kingdom of Belgium,
of the Kingdom of Denmark,
of the Federal Republic of Germany,
of the Hellenic Republic,
of the Kingdom of Spain,
of the French Republic,
Ireland,
of the Italian Republic,
of Luxembourg,
of the Kingdom of the Netherlands,
of the Portuguese Republic,
of the United Kingdom of Great Britain and Northern Ireland,
Contracting Parties to the Treaty establishing the European Community, the Treaty establishing the European Community of Charcoal and Steel and the Treaty establishing the European Community of Atomic Energy,
below referred to as "member states", and
the European Community, the European Community of Charcoal and Steel and the European Atomic Energy Community,
hereafter called "Community", on the one hand,
and the Plenipotentiaries of Ukraine, on the other hand,
Meeting in Luxembourg on 14 June 1994 for the signing of the partnership and cooperation agreement between the European Communities and their Member States, on the one hand, and Ukraine, on the other hand, referred to as the "partnership and cooperation agreement", adopted the following text:
the partnership and cooperation agreement and the protocol on mutual assistance between administrative authorities in customs matters.
The Plenipotentiaries of the Member States and the Community and the Plenipotentiaries of Ukraine adopted the following joint declarations, attached to this Final Act:
Joint Declaration on Article 18 of the Agreement
Joint Declaration on Article 19 of the Agreement
Joint Declaration on Article 30 of the Agreement
Joint Declaration on Articles 31 of the Agreement
Joint statement on the notion of "control" in article 32, paragraph (b) and article 43
Joint statement on Article 50 of the Agreement,
Joint statement on Article 102 of the Agreement,
The Plenipotentiaries of the Member States and the Community and the Plenipotentiaries of Ukraine took note of the following unilateral declaration, attached to this Final Act:
Statement by the French government on the application of the agreement to overseas countries and territories associated with the European Community.
The Plenipotentiaries of the Member States and the Community and the Plenipotentiaries of Ukraine took note of the following exchange of letters, attached to this Final Act:
Exchange of letters between the Community and Ukraine on the establishment of companies.
Statement by the Government of France
The French Republic notes that the partnership and cooperation agreement with Ukraine does not apply to overseas countries and territories associated with the European Community under the Treaty establishing the European Community.
List of related States
States Date of deposit of the instrument of ratification
Germany 6 May 1997
Belgium 18 July 1997
Denmark 14 December 1995
Spain 19 June 1995
France 26 February 1997
Greece 10 September 1996
Ireland 24 May 1996
Italy 23 July 1997
Luxembourg 17 September 1996
Netherlands 20 November 1996
Portugal 14 July 1997
United Kingdom 4 July 1995
Ukraine 29 December 1995.
This agreement has not yet entered into force. The effective date will be published in a subsequent notice.
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