The Depth Of The Partnership And Cooperation Agreement Between The European Union And Its Member States, Of The One Part, And The Republic Of Kazakhstan, Of The Other Part

Original Language Title: Par Padziļinātu partnerības un sadarbības nolīgumu starp Eiropas Savienību un tās dalībvalstīm, no vienas puses, un Kazahstānas Republiku, no otras puses

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Read the untranslated law here: https://www.vestnesis.lv/op/2016/123.17


The Saeima has adopted and promulgated the following laws of Valstsprezident: The depth of the partnership and cooperation agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part 1, article. 2015 21st December signed an in-depth partnership and cooperation agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part (hereinafter referred to as the agreement), this law is adopted and approved. 2. article. Fulfilment of the obligations provided for in the agreement are coordinated by the Ministry of Foreign Affairs. 3. article. The agreement shall enter into force on its 281. within the time limit laid down in the article and in order, and the Ministry of Foreign Affairs shall notify the official Edition of the "journal". 4. article. The law shall enter into force on the day following its promulgation. To put the agreement by law Latvian language. The Saeima adopted the law on 9 June 2016. The President r. vējonis Riga, June 29, 2016. the comprehensive partnership and cooperation agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part, the name of the CONTENTS preamble title I General principles of the agreement and the purpose of TITLE II political dialogue, cooperation on foreign and security policy title III trade and BUSINESS Chapter 1 of the trade chapter 2 Chapter 3 of technical barriers to trade chapter 4 sanitary and phytosanitary matters Chapter 5 trade in services and establishment section 1 General provisions section 2 establishment and cross-border services subsection 1 ALL economic activities subsection 2 the economic activities that are not services section 3 an individual temporary presence for the purposes of section 4 CONDUCT a domestic framework section 5 SPECIAL industry rules section 6 section 7 exceptions Chapter 6 investment capital movements and payments Chapter 7 intellectual property section 1 section 2 principles of intellectual property rights in standards section 3 APPLICATION of intellectual property rights, section 4 of the intermediary service provider liability in Chapter 8. Public procurement of raw materials and the chapter 9 Chapter 10 energy TRADE and sustainable development, CHAPTER 11, Chapter 12 of the competition public undertakings, the State controlled companies and undertakings granted special or exclusive rights or privileges of the chapter 13 transparency chapter 14 settlement of disputes section 1 purpose and scope of consultations section 2 and section 3 mediation dispute settlement procedures subsection 1 arbitration procedure subsection 2 execution subsection 3 General provisions section 4 General provisions title IV cooperation on ECONOMY and sustainable development Chapter 1 dialogue on economic issues Chapter 2 collaboration in the management of public finances, including public sector audit and internal controls Chapter 3 COOPERATION in the field of taxation Chapter 4 statistical cooperation chapter 5 energy cooperation chapter 6 TRANSPORT cooperation chapter 7 environmental cooperation cooperation chapter 8 climate change chapter 9 industrial cooperation chapter 10 co-operation for SMEs Chapter 11 cooperation in the area of company law Chapter 12 cooperation in banking , APDROŠINĀSAN, and other financial services chapter 13 cooperation in the field of the information society chapter 14. Cooperation in the field of tourism chapter 15 of agricultural COOPERATION and rural development cooperation chapter 16 social PARTNER relations, social policy and equal opportunities in the field of cooperation CHAPTER 17 health title V collaboration in the area of freedom, security and Justice section VI other policies cooperation chapter 1, cooperation in the field of education and training Chapter 2 cultural cooperation chapter 3 cooperation in research and innovation cooperation chapter 4 media MEDIA and the audiovisual sector chapter 5 cooperation with civil society cooperation chapter 6, SPORT and physical activity area Chapter 7 cooperation in the field of CIVIL protection cooperation chapter 8 the SPACE activities carried out in Chapter 9 of the cooperation in the FIELD of consumer protection, Chapter 10, CHAPTER 11, regional cooperation, cooperation in the field of the CIVIL section VII financial and technical cooperation section VIII institutional structure of title IX General and final provisions annex I reservations in accordance with article 46 of annex II restrictions By the Republic of Kazakhstan pursuant to article 48 (2) of annex III, section III, (trade and BUSINESS) of Chapter 8 (public procurement) in annex IV, section III (trade and BUSINESS) in Chapter 8 (public procurement) these media, which publishes information and notices of procurement annex V arbitration in accordance with the RULES of section III (trade and BUSINESS), chapter 14 (settlement of disputes), SECTION III of ANNEX VI (trade and BUSINESS), chapter 14 (settlement of disputes) that arbitrators and mediators code of conduct annex VII the mediation mechanism According to section III (trade and BUSINESS), chapter 14 (settlement of disputes) Protocol on mutual administrative assistance in customs matters preamble the Kingdom of Belgium, Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Malta, the Republic of Hungary, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, of the Treaty on European Union and the Treaty on the functioning of the European Union, hereinafter referred to as "the Contracting Parties", the Member States and the European Union, of the one part, and the Republic of Kazakhstan, of the other part, hereinafter referred to as "the parties", taking into account the strong links between the parties and the common values of the parties desire to strengthen and expand the links created implementing the partnership and cooperation agreement between the European communities and their Member States and the Republic of Kazakhstan, signed in Brussels on 23 January 1995, the European Union and the new partnership for Central Asia strategy adopted by the European Council in June 2007, and in 2008 the Republic of Kazakhstan adopted the State programme on the "road to Europe"; Considering the commitment of the parties to implement fully the Charter of the United Nations (the "UN Charter"), the General Declaration of human rights, the Organization for security and cooperation in Europe (OSCE), in particular in the Helsinki Final Act, the principles and rules, as well as other generally recognized rules of international law; Considering the commitment of the parties to strengthen the fundamental freedoms and human rights promotion, protection and implementation of democratic principles, the rule of law and good pārvaldībasievērošan; Recognizing that the parties, in cooperation in the field of human rights and democracy, adherence to the following principles: common goals, open and constructive political dialogue, transparency and compliance with international human rights standards; Taking into account the parties ' commitment to the free market economy principles; Recognizing that increased trade and investment relations between the European Union and the importance of the Republic of Kazakhstan; Given that the agreement will further strengthen the close economic relations between the parties and will create a new environment and better conditions for further development of trade and investment between them, including in the field of energy; Having regard to the aim of promoting trade and investment in all sectors, based on a reinforced legal basis, in particular, this agreement, and the agreement establishing the World Trade Organisation ("WTO Agreement"); Considering the commitment of the parties to promote international peace and security and the peaceful settlement of disputes, especially for this purpose effective cooperation between the United Nations and the OSCE; Taking into account the parties ' readiness to continue a permanent political dialogue on mutual interest in the bilateral and international issues; Considering the commitment of the parties to comply with international obligations to fight against the proliferation of weapons of mass destruction and their means of delivery and to cooperate in non-proliferation, nuclear safety and security also; Considering the commitment of the parties to combat small arms and light weapons trafficking and accumulation, and bearing in mind that the UN General Assembly has adopted the arms trade treaty ("ITL"); In view of the importance of the active participation of the Republic of Kazakhstan in Central Asia, the European Union and the new partnership in the implementation of the strategy; Considering the commitment of the parties to combat organised crime and trafficking in human beings and to strengthen cooperation in the fight against terrorism; Considering the commitment of the parties to deepen dialogue and cooperation on migration issues through a comprehensive approach, aimed at cooperation in the field of legal migration and action against illegal migration and human trafficking, and recognizing embodied in this agreement of readmission clauses of significance; Desiring to ensure equitable conditions for bilateral trade relations between the European Union and the Republic of Kazakhstan; Taking into account the parties ' commitment to the rights and obligations arising from membership in the World Trade Organization ("WTO"), and to ensure that rights and obligations transparent and non-discriminatory implementation; Taking into account the parties ' commitment to the principle of sustainable development, including by promoting multilateral and regional international agreements for the implementation of sadarbībīb; Desiring to promote mutually beneficial cooperation in all areas of mutual interest and, where appropriate, to strengthen collaboration needs framework; Recognizing the need to strengthen cooperation in the field of energy, the security of energy supply and to promote the creation of adequate infrastructure, based on the memorandum of understanding on energy cooperation between the European Union and the Republic of Kazakhstan, signed in Brussels on 4 December 2006, and acting in the framework of the Energy Charter Treaty; Recognizing that all the cooperation in the peaceful uses of nuclear energy in accordance with the cooperation agreement between the European Atomic Energy Community and the Republic of Kazakhstan on cooperation in the field of nuclear safety, signed in Brussels on 19 July 1999, and this agreement does not apply to it; Taking into account the parties ' commitment to improving public health and the level of safety of human health as preconditions for sustainable development and economic growth; Considering the commitment of the parties to promote contacts between people, including through cooperation and exchanges in science and technology, innovation, education and culture; Given that the Parties shall promote mutual understanding and their legislative and regulatory convergence in order to further strengthen the mutually beneficial relations and sustainable development; Noting that if the parties in the framework of this agreement, decides to conclude specific agreements concerning the area of freedom, security and justice in the European Union should be concluded, subject to the Treaty on the functioning of the European Union title V of part three, following further agreements would not be binding on the United Kingdom and/or Ireland unless the European Union together with the United Kingdom and/or Ireland for their previous bilateral relations notifies the Republic of Kazakhstan that the United Kingdom and/or Ireland such agreements have become binding as part of the European Union, in accordance with Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the functioning of the European Union. Also, any further EU measures that should be adopted in accordance with the above title V, for the implementation of this agreement will not be binding on the United Kingdom and/or Ireland unless they have declared their willingness to participate in such events or to accept them in accordance with Protocol No 21. Noting also that such agreements in the future or such subsequent EU internal measures would relate to Protocol No 22 on the position of Denmark attached to these treaties, have agreed on the following. I SADAĻAŠ the General principles of the agreement and the objective of 1. PANTSVispārīg principles of democratic principles and fundamental human rights, as provided for in the Universal Declaration of human rights, the OSCE Helsinki Final Act and the Charter of Paris for a new Europe and other relevant international human rights instruments, as well as the principle of the rule of law are two sides of the internal and international policy and is an essential component of this agreement. The parties reiterate their commitment to the free market economic principles, promoting sustainable development and economic growth. The implementation of this agreement is based on the principles of dialogue, mutual trust and respect, equal partnership and mutual benefit, and UN Charter principles and values included full respect. 2. the objectives of the agreement PANTSŠ 1. this agreement establishes a deeper partnership and cooperation between the parties, within their respective competencies, based on common interest and deepening of relations in all areas of application of the agreement. 2. This cooperation between the parties is in the process of promoting peace and stability in the international and regional levels, as well as the process of economic development, and is based on the principle of the parties reiterate also their international obligations, in particular in the framework of the un and the OSCE. 3. PANTSSadarbīb in regional and international organizations, the parties agree to cooperate and exchange views, regional and international forums and organisations. (II) the SADAĻAPOLITISK dialogue, cooperation on foreign and security policy 4. PANTSPolitisk dialogue, the Parties shall continue to develop and strengthen effective political dialogue in all areas of mutual interest to promote peace, stability and security, including the Eurasian continent, on the basis of international law, the effective cooperation of the multilateral institutions and common values. The Parties shall cooperate in order to strengthen the role of the un and the OSCE, and improve relevant international and regional organizations. Sides deepen cooperation and dialogue on international security and crisis management issues, to respond to the current global and regional challenges and key threats. The parties undertake to step up cooperation in all areas of common interest and, in particular, respect for international law, the strengthening of democracy, the rule of law, human rights and good governance. The parties agree to work to improve the conditions for further regional cooperation, especially with regard to Central Asia and adjacent regions. 5. PANTSDemokrātij and the rule of law and the parties agree to cooperate to promote human rights and ensure their effective protection and the rule of law, including through relevant international instruments in the field of human rights. Such cooperation provides the measures on which the parties mutually agree, including strengthening the rule of law, further strengthening the ongoing dialogue on human rights, to continue to develop democratic institutions, promoting understanding of human rights and enhancing cooperation in the United Nations human rights bodies and the OSCE. 6. PANTSĀrpolitik and security policy the parties step up dialogue and cooperation on foreign and security policy, and in particular issues related to conflict prevention and crisis management, regional stability, non-proliferation, disarmament and arms control, nuclear proliferation and weapons and dual-use export controls. The cooperation is based on common values and mutual interests, its purpose is to increase the effectiveness of policies and laws and the use of bilateral, international and regional forums. The parties reaffirm their commitment to the territorial integrity, the inviolability of borders, sovereignty and independence of the principles laid down in the UN Charter and the OSCE Helsinki Final Act, and the commitment to these principles in their bilateral and multilateral relations. 7. PANTSKosmos safety the Parties shall encourage all space-related activities of the safety, security and stability and agreed to work together on a bilateral, regional and international levels with the aim of ensuring the use of space for peaceful purposes. Both sides noted the importance of preventing an arms race in outer space. 8. PANTSStarptautisk meaning serious crimes party reaffirms that the most serious crimes affecting the international community as a whole, should not remain unpunished and that their prosecution should be ensured by measures on the domestic or international level, including the involvement of the International Criminal Court. Proper attention to the integrity of the Rome Statute for the conservation, the parties agree to maintain dialogue on them and trying to take measures to achieve universal accession to the Rome Statute in accordance with their respective legislation, including providing assistance in capacity building. 9. PANTSKonflikt prevention and crisis management the parties improve cooperation with regard to conflict prevention, conflict resolution and crisis management, to create an environment of peace and stability PANTSReģionāl stability 10 Parties shall step up their joint efforts to promote stability and security in Central Asia, as well as to improve the conditions for future regional cooperation based on the principles laid down in the UN Charter, the OSCE Helsinki Final Act and other relevant multilateral documents, which the two parties met. 11. PANTSMas the proliferation of weapons of destruction against the parties consider that weapons of mass destruction (WMD) and their means of delivery and distribution of States and non-State actors is one of the most serious threats to international stability and security. The parties agree to cooperate and to contribute to the fight against WMD and their delivery means, fully respecting and implementation of the parties ' respective obligations of international agreements and other relevant international obligations for disarmament and non-proliferation. The parties agree that this provision constitutes an essential element of this agreement. Cooperation in this area is including the following: (a) continuing to develop) the export control systems for military and dual-use goods and technologies; (b)) creating a regular political dialogue on the issues of this article. 12. PANTSKājniek arms and light weapons, the parties undertake to cooperate and to ensure coordination of their efforts, complementarity and synergy, which focused on small arms and light weapons, their ammunition, as well as illegal trafficking at all relevant levels, and agreed to continue regular political dialogue, including in a multilateral framework. This cooperation the Parties shall be conducted in full compliance with existing international agreements and UN Security Council resolutions, as well as the obligations of the parties under other international instruments applicable in this field and by the parties. Both parties are convinced about the arms trade treaty (ITL) importance in this area. 13. the fight against PANTSTerorism the parties agree to work together on a bilateral, regional and international levels, to prevent and combat terrorism, fully respecting the principle of the rule of law, international law, international standards of human rights, humanitarian law and the relevant decisions of the United Nations, including the UN counter-terrorism strategy. The aim of cooperation between the parties: (a)) where appropriate, to implement the UN resolution, the UN counter-terrorism strategy, and obligations of the parties under other international conventions and instruments against terrorism; (b)) in accordance with international and national legislation, Exchange information on planned and carried out terrorist actions and their implementation methods, as well as terrorist groups, who plan to, make or have committed crimes in the territory of the other party; (c)) to exchange experience, to prevent all forms of terrorism, including the internet's public call to commit terrorist offences, as well as with the experience of combating terrorism means and methods, experience in technical areas and training offered or paid in the European Union's institutions, bodies and agencies; (d) to intensify joint efforts) against terrorist financing, and to exchange views on radicalisation and recruitment processes and to exchange good practices of e) as regards the protection of human rights in the fight against terrorism. (Iii) SADAĻATIRDZNIECĪB and CONDUCT a 1. NODAĻAPREČ 14 PANTSLielāk trade favoured adherence 1. each Party shall grant most-favoured-nation treatment to the goods of the other party in accordance with article I of the 1994 General Agreement on tariffs and trade (GATT 1994), including the explanatory notes, which shall apply mutatis mutandis to this agreement will be included in and become part of it. Article 2, paragraph 1 shall not apply to the preferential treatment granted by each party to the other public goods under the GATT 1994. 15. National treatment each Party shall accord national treatment to the goods of the other party in accordance with the GATT 1994 article III, including the explanatory notes, which shall apply mutatis mutandis to this agreement will be included in and become part of it. 16. PANTSImport and export customs duties, each Party shall apply for import and export customs duties in accordance with its WTO tariff obligations. 17. PANTSImport and export restrictions no one party cannot impose or maintain any prohibitions or restrictions, except for taxes, duties or other charges applicable to the quotas, import or export licences or other measures, on the other hand imports or exports of goods or export sales, with a final destination in the territory of the other party, in accordance with GATT 1994 article XI, including explanatory notes that, mutatis mutandis, in this agreement are included in and become part of it. 18. temporary admission of PANTSPreč each Party shall grant the other party exemption from import duties and taxes in respect of goods imported temporarily in such cases and in accordance with the procedures established by the party for binding international conventions on the temporary admission of goods. This exemption shall apply subject to the legislation of the party who has granted the exemption. 19. PANTSTranzīt of the parties agree that the principle of free transit is an essential condition of attaining the objectives of this agreement. In this regard, each Party shall ensure free transit through its territory of goods sent from the customs territory or destined for the customs territory of the other party in accordance with the GATT 1994 and article V, including the explanatory notes, which shall apply mutatis mutandis to this agreement will be included in and become part of it. 20. PANTSAizsardzīb arrangements nothing in this Agreement shall prejudice or affect each party's rights and obligations under the GATT 1994 and article XIX of the WTO agreement on safeguard measures. Article 21 protection in agriculture, nothing in this Agreement shall prejudice or affect each party's rights and obligations under the WTO agreement on agriculture, article 5 (special protection measures). 22. PANTSAntidemping and countervailing measures 1. Nothing in this Agreement shall prejudice or affect each party's rights and obligations under the GATT 1994 article VI, the WTO agreement on the 1994 implementation of article VI of the GATT and the WTO agreement on subsidies and countervailing measures ("SCM Agreement"). 2. Before the final decision of the parties to provide information on all the relevant facts, which are considered and which justified the decision on the application of the measures, without prejudice to article 6.5 of the WTO agreement on GATT 1994 and implementation of article VI of the agreement on subsidies and countervailing measures (subsidies agreement) 4.12 article. The process of providing information to ensure that interested parties have sufficient time to submit comments. 3. All interested parties are given an opportunity to be heard, to express their views in the investigation of anti-dumping or compensation provided that it does not unnecessarily delay the investigation. 4. the provisions of this article shall not apply the provisions of this agreement on the settlement of the dispute. 23. PANTSCen-each Party shall ensure that the companies or individuals that it grants special or exclusive rights or which it controls, and sold goods on the domestic market and also exports the same item, keep separate accounts to clearly reveal: a) costs and revenue associated with the domestic and international activities, and b) full details of the methods by which costs and revenues are assigned or allocated to domestic and international activities. These individual accounts based on irtād in accounting principles like causality, impartiality, transparency and consistency, they are in accordance with internationally accepted accounting standards and based on audited data. 24. PANTSIzņēmum 1. The parties confirm that their existing rights and obligations under the GATT 1994 article XX and its explanatory notes shall apply mutatis mutandis to the goods covered by this agreement. For this purpose the GATT 1994 article XX and its interpretative notes, mutatis mutandis, in this agreement are included and becomes part of it. 2. the parties acknowledge that before any GATT 1994 article XX i) and (j)) of carrying out the measures provided for in the party intending to carry out measures, is obliged to provide the other party with all relevant information with a view to seeking a solution acceptable to both parties. The parties may agree on the means to overcome the difficulties. If no agreement is reached within 30 days after providing such information, the party may apply for the item concerned measures in accordance with this article. Where exceptional and critical circumstances requiring immediate action, prior information or examination is not possible, the party which intends to take measures immediately to apply the security measures necessary for solving the situation and shall inform the other party about them. 3. The Republic of Kazakhstan can save some steps, which do not conform to this agreement, the 14, 15 and 17 and identified in the Protocol on the accession of the Republic of Kazakhstan to the WTO, while ending the transitional period for the above measures laid down in the Protocol. 2. NODAĻAMUIT. 25 PANTSSadarbīb 1. customs cooperation the Parties shall strengthen cooperation in customs matters, with a view to ensuring a transparent environment for trade, facilitate trade, improve supply-chain security, enhance consumer safety, stop the flow of goods that infringe intellectual property rights, and combating smuggling and fraud. 2. in order to implement these objectives and work within the limits of the resources available, the Parties shall cooperate, inter alia, to: (a)) in the customs legislation, harmonised and simplified customs procedures in accordance with international conventions and standards applicable to customs and trade facilitation, including on standards that were developed by the European Union (including customs concept), the World Trade Organization and the World Customs Organization (in particular, the revised Kyoto Convention); (b)) to create a modern customs system, including modern technologies, customs clearance rules recognised operators, automated risk analysis and control, the simplified procedures for release of goods, post-clearance controls, transparent system for the determination of the customs value and customs rules and business partnerships; (c)) to promote the highest standards of integrity in the customs field, in particular at the borders by applying measures that reflect the World Customs Organization in Arusha principles set out in the Declaration; d) exchange best practices and to provide training and technical assistance for planning and capacity building, to ensure the highest standards of integrity; (e)) where appropriate, the exchange of information and data while respecting the parties ' rules on the confidentiality of sensitive data and the protection of personal data; f) involved in customs activities agreed between their customs authorities; g it is essential and) where appropriate, identify the host program and the mutual recognition of customs controls, including the equivalent of trade promotion activities; (h)) it is essential that appropriate, and enable the Customs transit system interconnection. 3. the cooperation Council shall establish a Sub-Committee on customs cooperation. 4. The provisions of this chapter, issues regular dialogue. The cooperation Committee may adopt rules for the conduct of such a dialogue. 26. the Mutual administrative assistance, without prejudice to this agreement, in particular article 25 provides for other forms of cooperation, the Parties shall provide each other with mutual administrative assistance in customs matters in accordance with the Protocol on mutual administrative assistance in customs matters. 27. PANTSPreč determination of the customs value of the rules on the determination of the customs value of goods applicable in trade between the parties, determined by agreement of the GATT 1994, the implementation of article VII. Its provisions apply mutatis mutandis to this are included in this agreement and become an integral part of it. 3. NODAĻATEHNISK barriers to trade the agreement on 28 PANTSPT the technical barriers to trade, the parties declare that their relations will respect the rights and obligations under the WTO agreement on technical barriers to trade ("TBT agreement"), which shall apply mutatis mutandis to this agreement is included in and become part of it. Article 29 regulations, standardisation, accreditation, metrology, market surveillance and conformity assessment 1. the parties agree: (a)), to reduce the differences which exist between them, the standardisation of technical regulations, regulatory, accreditation, metrology, market surveillance and conformity assessment, including encouraging the use of internationally accepted in these areas instruments; (b)) to promote accreditation in accordance with international rules, support the conformity assessment bodies and their activities, and to promote participation and (c)), if possible, of the Republic of Kazakhstan and its participation in the European bodies concerned organizations whose activities related to standardization, metrology, conformity assessment and related functions. 2. the objective of the parties is to create and maintain a process that gradually to achieve that technical regulations, standards and conformity assessment procedures. 3. In areas where agreed coordination, the parties may consider the possibility to negotiate agreements on conformity assessment of industrial products and recognition. 30. Transparency 1. Without prejudice to chapter 13 of this title (transparency), each Party shall ensure that its procedures for technical regulations and conformity assessment procedures for development provides a public consultation with stakeholders under the early stage when public consultation provided by notes, it is possible to implement and take into account, except where this is not possible due to an emergency situation or the risks to the safety, health, environmental protection or national security. 2. in accordance with the TBT agreement article 2.9. each Party shall provide for the period for the notes can be expressed according to the early stage after the announcement of proposed technical regulations or conformity assessment procedures. If the proposed technical regulation or conformity assessment procedure is an open discussion, each Party shall allow the other party or a natural or legal person located in the territory of the other party, to participate in the discussion in accordance with the rules, which are not less favourable than those applied to the natural or legal persons who reside in the territory of the party concerned. 3. Each Party shall ensure that its adopted technical regulations and conformity assessment procedures are publicly available. 4. NODAĻASANITĀR and phytosanitary matters 31. PANTSMērķ a the purpose of this chapter is to determine the principles applicable to sanitary and phytosanitary (SPS) measures and animal welfare issues in trade between the parties. These principles apply in a way to facilitate trade while maintaining the level of each of the parties of human and animal health and the protection of life or for plant protection. 32. PANTSPrincip 1. the Parties shall ensure that measures developed and SF shall apply on the basis of the principles of proportionality, transparency, non-discrimination and the principles of scientific validity. 2. the Party shall ensure that its activities do not result in SPS arbitrary or unjustifiable discrimination between its territory and the territory of the other party for the same or similar circumstances. SPS measures must not be used in ways that create hidden restrictions to trade. 3. the Parties shall ensure that each party's appropriate authorities SFS measures, procedures or controls implemented and a request for information without undue delay and in such a way that is not less favourable to the imported products in comparison to similar domestic products. 33. imported PANTSPrasīb 1. Importing party's requirements for imports throughout the territory of the exporting Party, pursuant to article 35 of this chapter. Certificates required for imports is based on the Codex Alimentarius Commission ("Codex"), the World Organisation for animal health (OIE) and the International Plant Protection Convention (IPPC) principles, unless the requirements for imports is not based on sound scientific risk assessment carried out in accordance with the applicable international rules set by the WTO agreement on the application of sanitary and phytosanitary measures ("SPS Agreement"). 2. the Import authorisation requirements do not include stricter sanitary and veterinary conditions for those certificates, in accordance with paragraph 1 of this article. 34. PANTSLīdzvērtīb at the request of the exporting Party and the importing party has made a satisfactory assessment, the parties, subject to the relevant international procedures recognise the equivalence in respect of certain measures and/or measure groups and/or systems applied in general or sector, or industry. 35. PANTSPasākum relating to animal and plant health 1. Parties recognize such concepts as "free from the harmful organism in the area", "free territory", "low spread of the harmful organism in the area", "low prevalence of the disease in the territory", in accordance with the agreement and the corresponding SF Codex, OIE and IPPC standards, guidelines or recommendations. 2. setting of the harmful organism or from disease free and harmful organism or disease prevalence in the low areas, the Parties shall assess the factors such as geographic location, ecosystems, epidemiological surveillance, and sanitary or phytosanitary inspection efficiency in such areas. 36. the promotion of 1 PANTSTirdzniecīb. Parties shall develop and apply marketing promotions on the basis of the recognition of the importing party of the exporting Party's inspection and certification system. 2. such trade promotion instruments to prevent that, the importing party shall check each shipment or exporting exporting company of each party in accordance with the legislation in force. Instruments can be, for example, exporting the company's approval and their exporting companies that are located in the territory of the exporting Party, create a list on the basis of the exporting Party provides assurances. 37. PANTSPārbaud and audit checks of the importing party and the territory of the exporting Party to evaluate the inspection and certification system, carried out in accordance with the relevant international standards, guidelines and recommendations. Inspections and audits of the costs shall be borne by the party carrying out the inspection and audit. 38. Information and cooperation 1. The Parties shall consult and exchange information on the existing SF and animal welfare measures and on the design and implementation. The consultations and exchange of information shall take into account the agreement and SF Codex, OIE and IPPC standards, guidelines or recommendations. 2. the parties agree to cooperate in plant and animal welfare by exchanging information, knowledge and experience in order to build capacity in this area. Such cooperation is adapted to the needs of each party and can be implemented to assist Parties to comply with the other party's legal framework. 3. at the request of either party, the parties to engage in dialogue on timely SF issues to examine problems with SF and other urgent matters covered by this chapter. The cooperation Committee may adopt rules for the conduct of such a dialogue. 4. the parties regularly means and regularly updated contact points for communication on matters covered by this chapter. 5. NODAĻAPAKALPOJUM trade and establishment 1.39. PANTSMērķ IEDAĻAVISPĀRĪG rules, scope and scope 1. Hand, repeatedly affirmed their respective commitments under the WTO agreement, with the necessary measures in order to improve the conditions of service between trade and business. 2. nothing in this chapter should not be interpreted as imposing an obligation on public procurement, subject to Chapter 8 of this title (the "public procurement"). 3. The provisions of this chapter do not apply to the subsidies granted by the parties. 4. under the terms of this agreement, each party reserves the right to make use of existing provisions and introduce new rules for the legitimate political objectives. 5. This chapter shall not apply to measures affecting natural persons seeking access to the European Union or the Republic of Kazakhstan to the labour market, and to measures related to citizenship, residence or permanent employment. 6. This section does not prevent a party from applying measures to regulate the entry of natural persons, or their temporary stay in the territory, including measures necessary to protect the inviolability of borders and ensure that natural persons legally crossing the border, unless such measures are not applied in such a way that they remove or reduce the benefits that arise from any of the parties in accordance with noteikumiem1 of this chapter. 7. This chapter shall not apply to measures adopted or maintained by parties affecting trade in services and establishment in the audiovisual sector. 40. the definitions in this chapter: (a)) "measure" means any measure of the party's rules, regulations, laws, procedures, decision, administrative action, or any other form; (b)) "the parties accepted or saved event" is an event carried out: (i)) the parties Central Government, regional or local authorities or institutions, and non-governmental) parties, implementing the Party Central Government, regional or local governments or authorities delegated powers; (c)) of the European Union "a natural person" or "person of the Republic of Kazakhstan" is a member of the European Union national or a national of the Republic of Kazakhstan in accordance with their respective legislation; d) "legal person" means any legal entity established in the order or otherwise organized under applicable law, for profit or for other purposes and which belongs to a private party or country, including any corporation, partnership, joint venture, Foundation, one of the owner's property or association; e) "legal person of a party" means the European Union or the Republic of Kazakhstan legal person created in accordance with the relevant Member State of the European Union or the Republic of Kazakhstan law and having its registered office, Central Administration or principal place of business is located in the territory subject to the Treaty on the functioning of the European Union, or in the territory of the Republic of Kazakhstan. If a legal person established in accordance with a Member State of the European Union or the law of the Republic of Kazakhstan, only its registered office or Central Administration in the territory to which the Treaty on the functioning of the European Union, or in the territory of the Republic of Kazakhstan, it is not considered appropriate for the European Union of the Republic of Kazakhstan or the legal entity, unless it made significant businesses in the territory, as appropriate, on which the Treaty on the functioning of the European Union or in the Republic of Kazakhstan; f) whatever a) point with regard to international maritime transport, including intermodal transport, between which there are also carriage by sea, the benefits of this chapter also apply to shipping companies established outside the EU, or Kazakhstan and controlled respectively of one of the Member States of the European Union or is a national of the Republic of Kazakhstan, where the vessels are registered under the relevant legislation in that Member State or in the Republic of Kazakhstan and the Member State or the flag of the Republic of Kazakhstan; g) "economic integration agreement" means an agreement that significantly liberalized trade in services, including the establishment, in accordance with the General Agreement on trade in services (GATS), in particular article V of the GATS and article V bis, and/or including provisions substantially liberalized the establishment, in other areas of economic activity, if these steps apply mutatis mutandis comply with GATS Article V and V bis criteria for such activities; h) "economic activities" shall include the nature of the economic activities, except for the economic activities carried out within the powers of the State; I) "economic activity in the exercise of State powers" are actions that do not take place not on a commercial basis, nor in competition with one or more economic operators; j) "action" is the regular economic activities; k) legal persons ' subsidiary ' means a legal entity which is effectively controlled by another legal persona2 this party; l) legal persons "branch" means a place of business without legal personality to have persistence features (such as child nodes of the parent company), which is the control and material equipment to address deals with third parties so that these third parties, although they are aware that, if necessary, will be a legal link with the parent company, whose head office is located in foreign countries, not have to deal directly with such parent undertakings but they can make the business ramifications of a parent site; m) "establishment" means any type of business or commercial presence, including (i) establishing, purchasing or) maintaining legal personu3; or ii) creating or maintaining the branch or pārstāvniecību4 in the territory of the party in order to carry out an economic activity; n) the parties ' investor ' shall mean a natural or legal person wishing to carry out or carrying out an economic activity by establishing a business; o) "services" includes any pakalpojumu5 in any sector except services supplied in the exercise of State powers; p) "service provided for the exercise of public authority" means any service that is not provided, commercial, in competition with one or more service providers; q) "service provider" means any natural or legal person providing the service; r) "supply of a service ' includes the creation, distribution, marketing, sale and delivery. 2. perform the IEDAĻAUZŅĒMĒJDARBĪB and cross-border provision of services 1 APAKŠIEDAĻAVIS economic activities 41. Actions and scope this subpart apply to those parties which affects the business in all areas of economic activity and cross-border provision of services. 2. The parties confirm their rights and obligations arising from their commitments under the GATS. Greater certainty in respect of the services in this agreement are included, becomes its ingredients and their respective GATS specific commitments, including reservations and saraksti6 most favoured nation exceptions list. 42. the gradual improvement of the PANTSNosacījum business cooperation Committee 1 trade issues gives recommendations to the parties on the further liberalisation of trade in respect of the establishment, within the framework of this agreement. 2. the Parties shall endeavour to avoid any measure that business conditions make it even more restrictive in comparison with the situation that existed on the day preceding the date of signature of this agreement. 43. PANTSNosacījum progressive improvement in the cross-border provision of services 1. the Parties shall give full recognition to the importance of liberalized cross-border supply of services between the parties. 2. The cooperation Committee shall provide the marketing issues recommendations to the parties on the further liberalization of cross-border service provision within the framework of this agreement. 2. APAKŠIEDAĻASAIMNIECISK activities that are not services 44. Actions and scope this subpart apply to those parties ' measures affecting the establishment in all areas of economic activity that are not services. 45. PANTSLielāk application of the preferential arrangements 1. with respect to the establishment, each Party shall grant the other party the entities arrangements no less favourable than the treatment that it grants any third country entities. 2. in the case of one of the parties such legal persons established in the territory of the other party, the other party shall grant appropriate arrangements no less favourable than the treatment that it grants any third country entities. 3. any advantage, favor, privilege or immunity in relation to the requirements to use local resources, which The Republic of Kazakhstan assigned a member of the WTO legal persons who are established in the Republic of Kazakhstan as a legal person, without delay and without any conditions are granted to European Union legal persons who are established in the Republic of Kazakhstan as legal persons. 4. Treatment granted in accordance with paragraphs 1 and 2 shall not apply to arrangements which either party is granted in accordance with the economic integration agreements, free trade agreements, the agreement on double taxation prevention and agreements that govern mainly tax issues, as well as it is not considered related to investment protection (except the mode deriving from article 46), including procedures for settling disputes between investors and the State. 5. Notwithstanding paragraph 4, in relation to the strategic resources and objects of the Republic of Kazakhstan under no circumstances grant the European Union the legal personality of the subsidiaries established in the Republic of Kazakhstan as a legal entity of the Republic of Kazakhstan, less favourable treatment than that accorded after a day on which that section begins to apply any third country subsidiaries of a legal person established in the Republic of Kazakhstan as a legal entity of the Republic of Kazakhstan. 46. National arrangements taking into account the reservations of the parties set out in annex I (a)), each Party shall grant the other subsidiaries, legal persons established in the territory of the first party, treatment no less favourable than that accorded to those parties entities in relation to their activities. (b)) granted the Republic of Kazakhstan Union of legal entities and their branches treatment no less favourable than that which the Republic of Kazakhstan assigned to legal persons and branches for their business and economic activities that are not services. The Republic of Kazakhstan assigned national treatment shall be without prejudice to the Protocol on the accession of the Republic of Kazakhstan to the WTO rules. 3. IEDAĻAFIZISK temporary presence of persons for the purposes of the BUSINESS PANTSTvērum and 47. definitions 1. This section shall apply to measures of the parties relating to the person appointed by the conduct in order to carry out the business, the company moved the employee and in the framework of the līgumpakalpojum provider the entry and temporary stay in the territory of the parties, in accordance with article 39 and paragraph 6. 2. for the purposes of this title: (a)) "by persons travelling for the purpose of the conduct of business", are natural persons who occupy executive positions in any party and the legal person responsible for the establishment in the territory of the other party. They offer or provide services or carry out other economic activities only for the purpose of conducting business. They do not receive remuneration from a source located in the host Party; (b)) "in the framework of the company transferred employees" are natural persons of the parties nodarbinājus legal person or have been at the partneri7 at least one year and who are temporarily transferred to the company that may be part of the legal person, branch or subsidiary of the main company, situated in the territory of the other party. Natural person concerned must fall within one of the categories defined in the GATS of the parties of the lists in this section apply to all physical operations; (c)) "līgumpakalpojum provider" means a natural person who employs one part of the legal person, and where the same is not a recruitment and staffing service agency does not work with the following agencies and not established in the territory of the other party, and who has in good faith signed by the līgumu8 with the final consumer of the services in the second half, and the execution of the agreement requires the presence of temporary employees in that second half; (d)) "qualification" means a diploma, diploma and other (formal qualification) certificate, issued by the authority which appointed under pursuant to laws, regulations or administrative provisions, and certifying successful completion of professional training. 48. within the framework of the PANTSUzņēmum transferred employees and persons travelling for the purpose of the business, to perform business services 1, the parties reaffirm their respective obligations under the GATS for the company in the framework of the staff and moved the person appointed for the purpose of the business, to make business travel and temporary stay. Apply at these atrunas9. 2. with regard to economic activities, which are services and subject to the reservations set out in annex II: (a) each Party shall permit investors), which deals with the production of goods in the territory of the other party, to move the company's progress in the context of the employees as defined in article 47 paragraph 2 (b)), and the persons appointed by the conduct in order to carry out business activities as defined in paragraph 2 of article 47 (a)). Entry and temporary stay in the framework of the company transferred employees are allowed up to three years and who shall be appointed by the end of the business, to perform business-up to 90 days in any 12-month period; b) neither party shall adopt or maintain measures that are defined as a limit on the total number of natural persons that the investor may move as the company transferred in the context of employees or persons travelling for the purpose of the business, to make business and expressed in the form of numerical quotas or the requirement to take the economic needs test and as discriminatory restrictions. 49. PANTSLīgumpakalpojum providers 1. Kazakhstan permits the European Union legal persons to provide services in its territory, through the presence of natural persons who are nationals of the Member States of the European Union, subject to the following conditions: (a)) the natural persons who shall be appointed by the Republic of Kazakhstan, is: i) academic degree or higher technical qualification, attesting an equivalent level of knowledge, and ii) professional qualifications, if it is necessary for the work to be carried out in the sector in question, in accordance with the laws of the Republic of Kazakhstan or requirements; (b) during their stay in) in the Republic of Kazakhstan natural persons shall receive no remuneration for the provision of services, with the exception of the remuneration paid by the European Union in the legal person; c) natural persons of the Republic of Kazakhstan, shall be appointed by the European Union, the employees of the legal person for at least the previous year before the application for entry in the Republic of Kazakhstan. In addition, at the time of the application for entry into the Republic of Kazakhstan, the natural persons is at least five years professional experience in the sector, which is the subject of the contract; (d)) of the Republic of Kazakhstan may apply economic needs test and the annual quota of work permits for the līgumpakalpojum of European Union providers, to access the services of the Republic of Kazakhstan market. The līgumpakalpojum of the European Union, which shall be appointed by the Republic of Kazakhstan in the services market, the total number does not exceed 800 people a year; (e)) by the end of the five-year period following the accession of the Republic of Kazakhstan to the WTO, economic needs tests are no longer piemēro10. During a period when the Republic of Kazakhstan shall apply economic needs pārbaudi11, individual entry and temporary stay in the Republic of Kazakhstan pursuant to the implementation of the contract, apply the cumulative period exceeding four months in any 12 month period or for the duration of the contract – depending on which time period is shorter. Following the end of the period of five years after the accession of the Republic of Kazakhstan to the WTO entry and temporary stay is cumulative period which cannot exceed six months in any 12 month period or for the duration of the contract – depending on which time period is shorter. European Union legal persons are responsible for their employees ' early exit from the territory of the Republic of Kazakhstan. 2. Kazakhstan permits the European Union legal persons to provide services in its territory, through the presence of natural persons, if the service contract shall comply with the following conditions: (a) a contract for the provision of services): i) is concluded directly between the European Union and the ultimate consumers of legal persons, which is the legal entity of the Republic of Kazakhstan; II) determines that it is necessary for the execution of the said legal person of the temporary employee's presence in the territory of the Republic of Kazakhstan to provide services; and (iii) of the Republic of Kazakhstan) complies with the laws, regulations and requirements; (b)) service contract is concluded in one of the following sectors of activity that are included and defined in the GATS commitments of the Republic of Kazakhstan in the list: i) legal services) accounting and accounting ii service III) tax consultancy services iv) architect services v) engineering services integrated engineering services) vi vii) town planning and landscape architectural services VIII) computer and related services) advertising services x ix) market research services xi) management consulting services) with the XII consultancy services XIII) technical testing and analysis services, xiv) Advisory and consultative services xv) mining related scientific and technical consulting services XVI) translation and interpretation services) equipment including XVII vehicles, maintenance and repair services of aftermarket under contract in the XVIII) environmental services; (c)) access granted under this article shall apply only to the provision of services which are the subject of the contract; It does not grant the right to use the professional title in the territory of the Republic of Kazakhstan. 3. the European Union reaffirm their respective obligations arising from obligations under the GATS for the entry and līgumpakalpojum provider of temporary stay. Apply at these atrunas12. 50. PANTSLielāk-favoured-nation treatment 1.-respect the arrangements that apply to European Union līgumpakalpojum of the Republic of Kazakhstan, is no less favourable than that which applies to līgumpakalpojum of any third country providers. 2. From the scope of paragraph 1 are off treatment applicable under other agreements, the European Union has concluded with a third country and which is notified in accordance with article V of the GATS, or covered by the GATS the European Union list of most favoured nation exemptions. From the scope of paragraph 1 are also excluded arrangements arising from the harmonisation of rules on the basis of the European Union concluded agreements providing for mutual recognition in accordance with article VII of the GATS. 3. If the Republic of Kazakhstan shall grant treatment more favourable than that provided for in this agreement, līgumpakalpojum providers from any other Member of the WTO, except the Commonwealth of independent States of the Commonwealth (CIS) and the countries that are party to the economic integration agreements with the Republic of Kazakhstan, those arrangements apply to the līgumpakalpojum of the European Union. This rule is also excluded arrangements arising from the harmonisation of rules on the basis of the Republic of Kazakhstan entered into agreements providing for mutual recognition in accordance with article VII of the GATS. 51. the gradual improvement of the PANTSNosacījum natural person for the purpose of the temporary presence of the business cooperation Committee of trade issues gives recommendations to the parties for further liberalization with respect to a natural person for the purpose of the temporary presence of the business. 4. Regulation of IEDAĻAIEKŠZEM 52. Actions and scope 1. requirements set out in article 53, the measures of the parties relating to the licensing and qualification procedures for: (a)) the cross-border provision of services; b) establishment; (c)), the supply of a service through presence of natural persons in the territory of the other party in accordance with section 3 of this chapter. 2. the requirements laid down in article 53, applicable to all economic activities to be covered by the scope of this chapter. Services apply, insofar as they affect the specific obligations of the party concerned, in accordance with GATS13. These requirements do not apply to measures, restrictions in so far as they are covered by GATS Article XVI or XVII list referred to. 53. the PANTSLicencēšan and qualifications 1. Each Party shall ensure that the licensing and qualification procedures in order to get permission to provide services or conduct business are reasonable, clear and relevant to policy objectives, taking into account the nature of the claim and the executable izvērtējamo criteria, and not limit themselves to provide services or conduct business. 2. If there is a specific time limit for submission of the application, the applicant is given sufficient time to submit an application. The competent authority shall initiate the examination of the application without undue delay. If possible, the application in electronic format should be adopted with the same conditions of authenticity as an application filed in paper format. 3. in place of the original Document, if possible, should also accept certified copies. 4. each Party shall ensure that the processing of the application, including the final decision, is completed within a reasonable time, as set forth in the legislation of the parties, and in any case, without undue delay. Each Party shall endeavour to determine the normal period during which process the application. Each Party shall ensure that the licence or permission granted by its entry into force without undue delay in accordance with the rules which it contains. 5. Each Party shall ensure that the maksas14 is proportionate to the costs incurred by the competent authority, and does not limit itself to the provision of services or establishment. 6. If the competent authority considers that the application is incomplete, or finds that it needs additional information, it shall within a reasonable time: (a) inform the applicant); (b)) to the extent possible, specify what information is required and c) to the extent possible, provide the opportunity to address deficiencies. 7. If the competent authority shall reject the application, it shall inform the applicant without undue delay and, as far as possible, in writing. The competent authority should inform the applicant at his request and the reasons for rejection of the application, and, if available, of the deficiencies identified. It should inform the applicant about procedures for appeals against decisions under the relevant legislation. The competent authority should allow the applicant to submit a new application in accordance with the procedures laid down by the authority unless the authority limits the license number of the approved qualifications. 8. each Party shall ensure that licensing or authorisation procedures used by the competent authorities in procedures and decisions should be fair to all applicants. The competent authority in its decision making should be independent and should not accountable to any service provider or the investor who requires a license or permission. 5. IEDAĻAĪPAŠ industry terms-54. PANTSStarptautisk shipping 1. for the purposes of this article are set out in the international maritime transport services liberalization. This article is without prejudice to the rights and obligations of each party's GATS commitments. 2. for the purposes of this article, "international shipping" includes direct and intermodal transport services, transport of goods using more than one mode of transport, including the transport by sea is also, with a single transport document, and therefore includes the right for international marine carriers directly to contract with other forms of transport providers. 3. in the case referred to in paragraph 4, the activities carried out by the Agency to provide the services of international maritime transport operators, each party lets the other legal persons in its territory to create subsidiaries or affiliates pursuant to the establishment and operating conditions that are not less favourable than the conditions which half its subsidiaries or affiliates or any third country subsidiaries or affiliates – depending on where conditions are better. This paragraph does not apply to the establishment, in order to take action on the fleet, a Member State of the European Union flag or the flag of the Republic of Kazakhstan. 4. such activities include, but are not limited to, the following: a) the maritime transport and related services trade and sales, through direct contact with customers, from quotation to invoice; regardless of whether these services are provided or offered by the service provider or the service suppliers with which the service seller has entered into agreements to conduct continuous; (b)) of all kinds of transport and related services, including any inland transport services necessary for intermodal transport services, purchase and use in their own or their customers (and the resale to their customers); (c) preparation of documentation) relating to transport documents, customs documents, or other documents related to the origin of the goods transported and the character; (d) preparation of information) transaction by any means, including computerised information systems and electronic data interchange (subject to any non-discriminatory restrictions concerning telecommunications); e) any business arrangement with other shipping agencies, including participation in the company's capital and hired employees (or employees of contracted abroad, subject to the relevant provisions of this Agreement) posting with any local shipping agency; (f)) on behalf of legal persons, inter alia, organizing the ship's arrival into port or taking over of the goods if necessary. 5. in the light of the progress made with regard to the liberalisation of cross-border service provision between the parties of international maritime transport: a) the Parties apply effectively the principle of unrestricted access to the international markets and trade on a commercial basis and without discrimination; b) each Party shall provide vessels, operated the other service provider arrangements no less favourable than the one party assigns their vessels or any other third country vessels, depending on which mode is more favourable, inter alia, with regard to access to ports, port infrastructure and services and the use of port services, as well as related fees and charges, customs facilities and the assignment of terminal facilities and loading and unloading facilities. 6. Application of the principle set out in paragraph 5, the Parties shall: (a)) of this agreement from the date of entry into force shall not apply any cargo sharing provisions contained in bilateral agreements concluded between a Member State of the European Union and the Republic of Kazakhstan; (b) not introduce cargo sharing) rules for future bilateral agreements with third countries, other than in those exceptional circumstances when one or other of the parties to this agreement, liner companies would not otherwise have opportunities to successfully maintain a traffic trade traffic to and from the third countries concerned; (c) prohibit cargo sharing arrangements) in future bilateral agreements concerning dry and liquid bulk trade; d) after the entry into force of this agreement and shall refrain from introducing unilateral measures and administrative, technical and other obstacles which could constitute a disguised restriction or discrimination in the free provision of services in international maritime transport. 7. The EU natural and legal persons providing international maritime transport services shall be free to provide international sea-river services in the inland waterways of the Republic of Kazakhstan and vice versa. 8. the other side of the party international shipping services with the reasonable and non-discriminatory terms made available the following port services: pilotage, towing and tugboat assistance, supplies, fuel and water supply, waste collection and removal of ballast water, Captain of the port services, AIDS to navigation, coastal operational services essential to the operation of the ship, including communications, water and electricity supply, emergency repair equipment, anchorage, berth and mooring. 9. If the Republic of Kazakhstan shall grant more favourable treatment as regards maritime transport to any WTO Member State, except for the Caspian Sea coastal States and the CIS countries, these rules shall apply to the European Union's natural and legal persons. 54. a pantsAutoceļ, rail, inland waterways and air transport To ensure the coordinated development of transport between the parties adapted to their reciprocal commercial needs, the conditions of mutual market access in road, rail and inland waterway transport and the air can identify potential concrete agreements agreed between the parties after the entry into force of this agreement. 6. IEDAĻAIZŅĒMUM to derogation 1 55. PANTSVispārēj. Subject to the requirement that such measures are not applied in such a way that they cause arbitrary or unjustifiable mutual discrimination between countries where the same conditions exists, or the establishment, including the cross-border provision of services, or hidden restriction, nothing in this chapter shall be construed so that it would deny a party the imposition or enforcement of measures which: (a)) necessary for public safety or the protection of public morality or public order uzturēšanai15; (b)) require human, animal or plant life or health; c) refers to a finite, conservation of natural resources, if the following measures are applied in relation to local investors and local service delivery and consumption limits; (d)), the artistic needs of historical or archaeological interest of national wealth; e) necessary in order to ensure compliance with the laws that are not inconsistent with this section, including those relating to: (i) fraudulent or misleading) practice or need of the contractual consequences, ii) the privacy of individuals in relation to personal data processing and distribution, and private property in the documentation and accounting the protection of confidentiality, (iii)); (f)) is not consistent with article 46, provided that the difference in treatment aims to ensure the effective or equitable imposition of direct taxation or collection in respect of other economic activities, investors or service sniedzējiem16. 2. This chapter shall not apply to the parties ' respective social security systems or for activities in the territories of each party who regularly or occasionally are associated with the implementation of the mandate of the Government. 7. the PANTSPārskatīšan and IEDAĻAIEGULDĪJUM 56. advice to identify any obstacles to investment, the Parties shall jointly review the investment regulatory framework no later than three years after the date on which the application of this section. Based on this review, the Parties shall consider the possibility of starting negotiations, including with regard to general investment protection principles, with a view to removing such obstacles designed to supplement this agreement. 6. NODAĻAKAPITĀL movement and payments PANTSNorēķin accounts 57. Each Party shall permit, in freely convertible currency, and in accordance with the agreement of the International Monetary Fund (IMF) to the applicable articles to make all payments and transfers between the parties on the current account of the balance of payments. 58. PANTSKapitāl movement 1. For transactions in the balance of payments capital and financial account and, without prejudice to the other provisions of this agreement, the parties undertake not to impose restrictions on the free movement of capital relating to direct investments made in accordance with the laws of the host country, to Chapter 5 of this title (trade and business) business activities covered, as well as on such investment and profit from it's liquidation and repatriation. 2. In the case of transactions in the balance of payments of the capital and financial account, which are not covered by paragraph 1, and without prejudice to the other provisions of this agreement, each Party shall, in accordance with its national legislation, ensure the free movement of capital relating to, inter alia: (a)) credit in relation to commercial transactions, including the provision of services in which a resident is participating parties; (b)) financial loans and credits; or (c) the participation of legal) capital in person without purpose to create or maintain lasting economic links. 3. Without prejudice to the other provisions of this agreement, the parties do not impose new restrictions on capital movements between residents of the parties and shall not make the existing rules more restrictive. 4. the parties may consult with the aim of further promoting the movement of capital between them. 59. PANTSIzņēmum are subject to the requirement that such measures are not applied in such a way that they cause arbitrary or unjustifiable mutual discrimination between countries where the same conditions exists, or a disguised restriction on the movement of capital, nothing in this chapter shall be construed to prevent a party or take measures that: (a)) necessary for public safety or the protection of public morality or the maintenance of public order; or (b)) to ensure compliance with the laws which are not contrary to the provisions of this section, including those relating to: (i) a criminal offence or criminal offences), misleading and fraudulent activity or necessary contractual consequences of failure (bankruptcy, insolvency and creditors ' rights), ii) measures adopted or maintained by the parties to ensure the integrity of the financial system and stability, III) securities, options, futures or other derivatives emission , trade or transactions with them, iv) financial reporting or submitting transaction records that you need, to assist law enforcement or financial regulators, or v) order or the judgment enforcement of legal or administrative proceedings. 60. PANTSPagaid protection measures with regard to capital movements, payments or transfers in exceptional circumstances, where there are serious difficulties for monetary and exchange rate policy in the Republic of Kazakhstan or the economic and Monetary Union in the European Union, or the threat of such difficulties, the affected Party may take absolutely necessary protection measures with regard to capital movements, payments or transfers for a period not exceeding one year. The party, which maintains or adopts such measures shall immediately inform the other party about them and submit as soon as possible a timetable for their removal. 7. PANTSMērķ NODAĻAINTELEKTUĀL estate 61. This chapter aims at the following: (a)) to facilitate innovative and creative activity the production and marketing of products between the parties, and (b)) to make adequate and effective intellectual property rights protection and enforcement. 1. IEDAĻAPRINCIP in the PANTSSaistīb of character and 62. scope: 1. the parties reminded of their obligations to ensure international agreements regarding intellectual property compliance and effectiveness of implementation, in which they are parties, including the WTO agreement on trade-related aspects of intellectual property rights ("TRIPS Agreement"). The provisions of this chapter shall supplement and further clarify the parties ' mutual rights and obligations definitely in the TRIPS Agreement and other international agreements in the field of intellectual property. 2. for the purposes of this agreement, the term "intellectual property" includes, inter alia, to all categories of intellectual property, referred to in article 65 of 96. article. 3. Intellectual property protection includes protection against unfair competition as referred to in article 10 a revised and amended December 1883 Paris Convention for the protection of industrial property (the Paris Convention). 4. This chapter shall not prevent the parties from applying their legislation provisions that provide for higher standards in relation to intellectual property rights protection and enforcement, provided that those provisions do not conflict with the provisions of this chapter. 63. PANTSTehnoloģij transfer 1. the parties agree to exchange views and information on the law and practice of international intellectual property protection and enforcement in the field of technology transfer. This includes, in particular, the exchange of information on measures to promote the information flow, business partnerships, voluntary licensing and subcontracting. Special attention to the conditions that are necessary to create the appropriate environment which allows to transfer technology to host countries, including issues such as the country's legal framework and human capital development. 2. where action is taken in relation to technology transfer, intellectual property rights, legitimate interests of the rightholders are protected. Article 64 exhaustion each Party shall implement the exhaustion of intellectual property rights, or the reģionālo17 party treatment in accordance with the law on copyright and related rights, designs and trademarks. 2. the IEDAĻAINTELEKTUĀL property rights standards for copyright and related rights protection 65. PANTSPiešķirt each Party shall respect the rights and obligations established in the following international agreements: a) the Berne Convention for literary and artistic works (Berne Convention); (b)) the Rome International Convention on performers, producers of Phonograms and protection of the rights of broadcasting organizations (the Rome Convention); (c)) the World Intellectual Property Organization (WIPO) Treaty on copyright; (d)) for the WIPO performances and Phonograms; (e)) of the TRIPS Agreement. 66. PANTSAutor to each party for authors provide for the exclusive right to authorize or prohibit: (a)) their work, directly or indirectly, temporary or permanent reproduction by any means and in any form, in whole or in part; (b)) they work in original or copy public dissemination in any form, by sale or otherwise; c) public disclosure of their works, by wire or wireless means, including the publication of your work in such a way that members of the public may access them from a place and at a time individually chosen by them. 67. PANTSIzpildītāj, each Party shall provide for performers the exclusive right to authorize or prohibit: (a) their performances fiksāciju18;) (b) their performances provided) fixation, directly or indirectly, temporary or permanent reproduction by any means and in any form, in whole or in part; (c) their performances provided) fixation of the distribution to the public, by sale or otherwise; (d) their performances provided) fixation to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them; e) wireless transmission system and their performances to the public, except where this is already a broadcast performance or is made from a fixation. 68. PANTSFonogramm production of each party regarding the phonogram producers provide for the exclusive right to authorize or prohibit: (a)) in their phonograms, directly or indirectly, temporary or permanent reproduction by any means and in any form, in whole or in part; (b)), as well as of their phonograms in their copy, distribution to the public, by sale or otherwise; (c)) in their phonograms to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them. 69. the PANTSRaidorganizācij of each party with regard to broadcasters provide for the exclusive right to authorize or prohibit: (a) the fixation of their broadcasts;) (b) the reproduction of fixations of their broadcasts); (c) the fixation of their broadcasts) to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them, and (d) the broadcasting retranslēšan) wireless system, as well as their communication to the public, if such disclosure is made in places accessible to the public against payment of an entrance fee. 70. PANTSApraid and disclosure, each party provides rights to ensure that a single equitable remuneration is paid by the user, if a phonogram published for commercial purposes or reproductions of such phonograms for broadcasting uses a wireless system or for issue, as well as ensure that the remuneration distribution between the relevant performers and phonogram producers. If the conclusion of the agreement between the performers and phonogram producers, each party may lay down rules on how to split these remuneration between them. 71. PANTSAizsardzīb period 1. Literary works or art copyright under the Berne Convention, article 2 is in force in the life of the author and not less than 70 years after his death. 2. If the work has more than one co-author, the time limits referred to in paragraph 1 shall be calculated from the last surviving author's death. 3. The rights of performers shall expire not earlier than 50 years from the date of the performance. However, if a fixation of the performance this time is lawfully published or lawfully communicated to the public, the rights shall expire not less than 50 years from the date of the first such publication or the first time to the public, whichever happened first. 4. the rights of producers of Phonograms shall expire not earlier than 50 years after the fixation is made. However, if the phonogram has been lawfully published within this period, the said rights shall expire not earlier than 50 years from the first lawful publication. If no lawful publication has taken place within the period mentioned in the first sentence, and if the phonogram has been lawfully communicated, the said rights shall expire not earlier than 50 years from the first lawful communication to the public. 5. The rights of broadcasting organizations shall expire not earlier than 50 years after the first transmission of a broadcast, whether this broadcast is transmitted by wire or wireless means, including by cable or satellite. 6. the deadlines laid down in this article shall be calculated from January 1 next year after the event that it is suggested. 7. the term of protection may be longer than the time limits laid down in this article. 72. PANTSTehnoloģisk protection features 1. each Party shall provide adequate legal protection against the circumvention of any effective technological measures, which the person concerned carries out, realizing his actions, or, if it has a reasonable basis to be aware of your actions. 2. Each Party shall ensure appropriate legal protection against the device, product or component manufacture, import, distribution, sale, rental, advertisement for sale or rental, or possession for commercial purposes or the property of the supply of services, which are mainly focused on the circumvention of any effective technological measures or promoting such circumvention. 3. for the purposes of this agreement, the expression "technological measures" means any technology, device or component which is typically used to prevent or restrict such action with respect to the work or other subject-matter, which are not authorized by the copyright or related rights, as defined in the legislation of the party. Technological measures shall be deemed ' effective ' where the holder of the right to control the work or other subject-matter through the use of access control or protection process, such as coding, creating noise or other work or other subject-matter conversion, or a copy control mechanism, which achieves the protection objective. 73. Information about rights management protection 1. each Party shall provide for adequate legal protection against any person who, without the permission of do any of the following: a) the removal or alteration of any electronic rights-management information; (b)) in accordance with this agreement, the protected work or other subject-matter, importing for distribution, broadcasting, communication or making available to the public, without authority, which has been deleted or altered electronic rights management information, if the person knows or has reasonable grounds to know, that by so doing, it causes, permits, facilitates or conceals the Parties provided for by the legislation of the copyright or related rights. 2. in this chapter, the term "rights management information" means any information provided by rightholders which identifies the work or other subject-matter protected by copyright or related rights, the author or any other rightholder, or information about a work or other subject-matter of the terms and conditions of use, and any numbers or codes that represent such information. Article 3, paragraph 1 shall apply, if the information referred to in paragraph 2 shall apply to the work or other subject-matter copy protected by copyright or related rights, or if such information appears in connection with the communication to the public. 74. PANTSIzņēmum and limitations 1. conventions and international agreements, which the parties are parties, each party may provide in article 66 to 70. exceptions and limitations provided for only in certain special cases that do not conflict with the work or other subject-matter to the ordinary use and do not unreasonably prejudice the legitimate interests of the rightholder. 2. each Party shall provide that the 66 to 70 temporary reproduction referred to in article that is temporary or additional reproduction and form an integral part of a technological process and an essential part, and as the only purpose is to allow a work or other subject-matter protected a) intermediary a transmission in a network between third parties or (b) a lawful use and) which do not have independent economic significance, shall not apply 66.69 in article reproduction rights. 75. PANTSTālākpārdošan rights each party for the benefit of the author of an original work of art, who is a national of the other party and for the good of his successor, ownership made for resale rights – defined as the inalienable right to receive royalties from which cannot be abandoned even earlier – and which is based on the sale price obtained from any future sales of the work after the author of this work for the first time passed on. Royalty rates and proportions shall be determined in accordance with the legislation of the party in which the tālākpārdošana19. 76. the collective management of the rights of the PANTSSadarbīb, the Parties shall take such reasonable measures as may be available to them to promote understanding between their respective copyright agencies to ensure between parties easier access to each other's works and other protected subject-matter and their delivery, as well as royalties on such work or other protected subject-matter transfer of use. The parties also take such reasonable measures as may be available to them to achieve a high level of transparency and rationalisation in respect of the parties ' respective copyright agencies perform their tasks. 77. PANTSStarptautisk trade mark agreements, each Party shall: (a)) respect the Madrid Agreement concerning the international registration of marks and the Protocol to the WIPO trademark law treaty, and (b)) is doing everything possible to join the Singapore Treaty on trademarks. 78. PANTSReģistrācij procedure 1. Each Party shall ensure that the trademark registration system in which each final decision adopted by the competent trade mark authority are duly justified and notified in writing to the applicant that has a chance to challenge this decision in the competent trademark authority and to appeal to the Court. 2. Each Party shall ensure that right-holders argue against the application for registration of trade marks or the registration. In the case of the opposition procedure, hearing both sides. 3. Each Party shall ensure that the registered trade-mark electronic database that is available to the public. 79. PANTSPlaš known trademarks the Parties shall cooperate in order to protect a well-known mark as referred to in the Paris Convention and article 6 of the TRIPS agreement article 16 2 and 3. point. 80. PANTSIzņēmum of the trade mark rights allocated each party provides for limited exceptions of the trademark rights conferred, such as fair use of descriptive terms, geographical indications or other limited exceptions which take into account the trademark holder and third party legal interests. Geographical indications PANTSDefinīcij of this agreement 81. with geographical indications indications understands that identifies the item that was made in the territory of either party or the region or territory where goods in a specific quality, reputation or other characteristics attributable to its is essential geographical origin. 82. PANTSĢeogrāfisk indications protection principles 1. Each Party shall ensure adequate geographical indications protection indefinitely, using sui generis systems of protection and in accordance with the legislation of the parties, as a geographical indication in its country of origin is a specific legal protection. 2. For that purpose, the Parties shall cooperate in the field of geographical indications, on the basis of this article which supplements the relevant provisions of the TRIPS Agreement provided for minimum standards. 3. Each Party shall ensure that the protection of geographical indications system is available to the other party of the registration of geographical indications. Each Party shall provide the geographical indications registered in the electronic database that is available to the public. 4. In respect of geographical indications in the territory concerned, each Party shall prohibit and prevent: (a) the registered name) any direct or indirect commercial use in respect of products not covered by the registration in so far as i) those products are comparable to the products that are protected by this name, or (ii)) such use of the protected name service reputation; (b) the registered name) misuse, imitation or evocation of, even if the true origin of the product is specified, if the protected name is translated, transcribed or transliterēt or followed by the words "kind", "type", "method", "as produced in", "type", "imitation" or similar words; c) any other false or misleading indication of the origin of the product, the origin, nature or essential qualities, which is on the inner or outer packaging, advertising material or documents relating to the product concerned as well as against the use of the product in the container package, which creates a false impression about the origin of the product; or (d)) any other practices which may mislead the consumer as to the true origin of the goods. 5. This chapter 81.83. the protection laid down in article, each Party shall ensure, including by the interested person, by implementing proper administration in accordance with the legislation of the parties. 6. Each Party shall ensure that the protected geographical indications may be used by any operator marketing products conforming to the corresponding specification. 7. Each Party shall ensure that the names, which are protected under the law, the parties do not become generic. 8. The parties are not obliged to register a geographical indication where, having regard to the specific or well-known trademarks, registration is liable to mislead the consumer as to the true origin of the goods. 9. Without prejudice to this article, each Party shall protect the geographical indication, even where there is an earlier trade mark. "Previous product" mark is a trademark, the use of which corresponds to one of the cases referred to in paragraph 4, which sought the registration, registered or established way of use, if such a possibility is provided for by the law of the party before the date on which that party's competent authority has filed the application for registration of geographical indications. Following an earlier trade mark may continue to use and update, regardless of geographical indication protection, provided that the legislation of the party of the trademark, which it has been registered or is being used, do not justify the mark be considered as invalid or to reverse it. 83. PANTSSarun hand no later than seven years after the day on which that section begins to apply, begin negotiations to conclude an agreement on the protection of geographical indications in their respective territories. 84. PANTSStarptautisk designs agreements the European Union reaffirms its commitment to the Hague Agreement concerning the international registration of industrial designs Geneva Act of 1999. The Republic of Kazakhstan shall take reasonable steps to join. 85. PANTSReģistrēt design protection requirements 1. Each Party shall ensure the protection of independently created new and original designs. This protection is ensured by the registration, and the holder of a registered design shall be granted exclusive rights in accordance with the legislation of the parties. For the purposes of this article, the parties may consider that the design, which has individual character, is an original. 2. A design applied to or incorporated in a product which constitutes a component part of a complex product shall only be considered to be new and to have individual character: (a)) if the component part, once it has been incorporated into the complex product, remains visible during normal use of the latter, except the maintenance, service or repair, and (b)) to the extent that those visible features of the component part fulfil in themselves the requirements as to novelty and individual character. 86. Article 1 of the rights conferred by registration of the holder of the registered design has the exclusive right to use it and not let any third person without the consent of the holder to carry out inter alia the following activities: fabricate, offer for sale, sell, import, export, store or use the product in which the protected design is incorporated or to which it is applied, where such operations are carried out for commercial purposes. 87. PANTSNereģistrēt designs the protection granted in the Republic of Kazakhstan no later than seven years after the date on which the application of this section, to ensure effective legal protection against copying of registered designs, on condition that the European Union no later than two years before the seven-year period, has provided the competent representatives of the institutions and bodies and the proper training of judges. 88. the period of PANTSAizsardzīb the term of protection from the moment of submission of the application is at least ten years. Each party may provide that the right-holder may renew the term of protection to one or more of the five-year periods, up to the maximum term of protection laid down in the legislation of the party. 89. PANTSIzņēmum. Each Party may provide limited exceptions to the protection of industrial designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected industrial designs and do not unreasonably prejudice the legitimate owner of the protected design interests, taking into account the legitimate interests of third parties. 2. Design protection is not extended to the features of appearance of a product which are solely the product of technical functions and features of appearance of a product necessary to ensure interoperability with other produktu20. 3. A design right shall not subsist in a design which is contrary to public policy or to accepted principles of morality. 90. PANTSAttiecīb to copyright a design protected by a design right registered in one of the parties, shall also have the right to protection under that party's copyright law, from the date on which the design was created or fixed in any way. To what extent and under what conditions, including the level of originality required, shall be granted such protection shall be determined by each party. 91. PANTSStarptautisk patent agreements, each Party shall take reasonable measures to ensure compliance with the Treaty on patent law article 1 through 16. 92. PANTSPatent and public health 1. the parties recognise the WTO Ministerial Conference of 14 November 2001 adopted the Declaration on the TRIPS Agreement and public health. In interpreting and implementing the rights and obligations under this chapter, each Party shall ensure that the said Declaration is respected. 2. each Party shall comply with the WTO General Council on 30 august 2003 decision on paragraph 1 of the Declaration referred to in paragraph 6. 93. PANTSPapild protection certificates 1. the parties recognise that medicinal products and plant protection products, which in their respective territories protects the patent before the placing on the market, can be applied to an administrative authorization procedure. They recognise that the period between the filing of the patent application to the first permission to offer medicinal products or plant protection products on the market, as the parties to this end, the parties concerned are defined in legislation, you can shorten the period of effective protection of the patent. 2. each Party shall provide in addition to the term of protection for medicinal products or plant protection products protected by a patent and subject to administrative authorisation procedure, and this additional period equal to the period referred to in paragraph 1, second sentence, less the period of five years. 3. Notwithstanding paragraph 2, the duration of the supplementary protection may not exceed five years. 94. the protection of the data, PANTST given permission to offer the market zāļu21 1. Each Party shall implement the comprehensive system, which guarantees the data confidentiality and non-disclosure, filed for permission for the supply of medicinal products on the market, and do not refer to them. 2. Each Party shall ensure that all information submitted to obtain authorisation for a medicinal product referred to in article 39 of the TRIPS agreement in paragraph 3, the placing of the market, will not be disclosed to third parties and is subject to at least six years of protection against unfair commercial use, starting from the date on which any of the parties have been granted a marketing authorisation. For that purpose: (a)) for at least six years after the granting of a marketing authorisation, the date of any person or entity, either public or private, if not a person or entity which furnished such undisclosed data, not allowed to directly or indirectly based on the data of the person or body without explicit consent, which provided the data in order to justify the application of authorisation for placing on the market of the medicinal product; (b)) for at least six years after the date of the granting of the marketing authorisation shall not be granted authorisation for a medicinal product on the market offering to any future application, unless the subsequent applicant shall submit their data (or data that are used with the permission of the holder of the authorization for the first) that meet the same requirements that apply to the first applicant. During these six years, recorded in the Hall without giving such data removed from the market until the requirements are met. 95. the protection of PANTSDat in relation to plant protection products and provisions on avoidance of the double trials 1. Parties before the issue of the placing of plant protection products on the market to determine the safety and efficacy requirements. 2. each party recognises the data protection rights of the provisional test or study report the owner first submitted, for a plant protection product marketing authorisation. During the period of validity of the data protection law, trial or study report is not used for any other person who wants to get a plant protection product marketing authorisation, except where the owner has unambiguously given his consent. Such rights in the future called "data protection". 3. trial or study report: a) is necessary for the authorisation or an amendment of an authorisation in order to allow the use on another crop, and (b)) is approved for compliance with the laboratory report of the best practices or principles of best practice studies. 4. the term of protection of the data in relation to plant protection products is ten years from the date on which the party concerned has issued the first permit. Each party may provide for longer periods of time, in order to promote, for example, the authorisation of a low-risk plant protection products or narrow use. 5. experimental or research protects even if it was necessary for the renewal or revision of a permit. 6. the Parties shall make provision, in order to avoid duplication of testing on vertebrate animals. Any applicant intending to perform tests and studies involving vertebrate animals shall take the necessary measures to ensure that such tests or studies have already been performed or initiated. 7. the prospective applicant and the holder or holders of the authorisation shall make every effort to ensure that the test and study involving vertebrate animals, the results. The cost of the test and results of research exchange are determined in a fair, transparent and non-discriminatory basis. The prospective applicant is required to participate in cost recovery only in respect of the information, which he must submit to meet the authorisation requirements. 8. If the applicant and the plant protection products concerned the authorisation holder or holders cannot agree on testing on vertebrate animals and the exchange of research results, the prospective applicant shall inform the competent authority of the party concerned. 9. Failed to agree on testing on vertebrate animals and the exchange of research results, not hinder the competent authority of the party concerned of the potential use of these results in the application of the applicant. The holder or holders of the authorisation may take legal action against potential applicants a fair reimbursement of costs. The parties may direct the parties to a resolution of the issue in the official and binding arbitration administered by the parties in accordance with the law. 96. the varieties of PANTSAug, the European Union reaffirms its commitment to the International Convention for the protection of new varieties of plants (UPOV Convention), and the Republic of Kazakhstan shall take reasonable steps to join. 3. IEDAĻAINTELEKTUĀL property law 97. PANTSVispārēj responsibilities 1. the parties reaffirm their obligations under the TRIPS Agreement, and in particular its part III, and provides for the measures provided for in this section, procedures and remedies necessary to ensure the enforcement of intellectual property rights izpildi22. 2. Those measures, procedures and remedies are fair and appropriate and are not unnecessarily complicated or costly, and they are not to be inopportune time or with undue delay. They are also effective, proportionate and dissuasive and shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to ensure that they are not used maliciously. 98. the applicant in the PANTSTiesīg each Party on persons eligible to claim for the purposes of this subsection, and part III of the TRIPS agreement on those measures, procedures and remedies applied, admits: a) the subject of intellectual property rights in accordance with the provisions of the legislation of the parties; b) any other person authorised to use those rights, in particular licensees, in so far as it permits the parties ' legislative provisions, and in accordance with them; c) intellectual property collective rights management bodies which are regularly recognised as such, entitled to represent the subject of intellectual property rights, in so far as the legislation of the parties, and in accordance with them; d) professional defence bodies, or other persons recognised as being entitled to represent the subject of intellectual property rights, in so far as the legislation of the parties, and in accordance with them. 99. PANTSPierādījum 1. If the party has provided sufficient evidence to substantiate its claim, and, based on their requirements, stated on the evidence, controlled by the other party, each party's judicial authorities have the right to require the other party to show that evidence respecting the protection of confidential information. 2. in accordance with the conditions referred to in paragraph 1, if the infringement of intellectual property rights was committed for commercial purposes, each Party shall take the necessary measures to enable the competent judicial authorities where appropriate and upon application, may require the opposite party in a banking, financial or commercial documents, subject to the requirements of the protection of confidential information. 100. the conservation of PANTSPasākum evidence 1. Each Party shall ensure that, even before the proceedings in a case, the competent judicial authorities, on receiving the application from the holder of the right, who made it available evidence to support the claim that its intellectual property rights have been violated or about to be violated, may provide a quick and effective provisional measures to preserve relevant evidence in regard to the alleged infringement, subject to the requirements of the protection of confidential information. 2. Such measures may include the possible infringement of the goods and, where relevant, of the materials and implements used in the production of the goods and/or distribution, as well as documents relating to the goods detailed description of taking or not taking the samples, or attachment. These measures shall be taken, where necessary, without hearing the other side, in particular where any delay could cause irreparable harm to the right holder, or where there is a demonstrable risk that evidence may be destroyed. 101 article on information 1. Each Party shall ensure that the competent judicial authorities in the context of the litigation concerning the infringement of intellectual property rights, and, in response to a justified and proportionate request may require that information on the origin of the goods or services and distribution networks, which is in violation of intellectual property rights, giving the infringer and/or any other person, (a)) which found that it is a violation of the commercial operation of the specific goods; (b)) which found that it uses embodying infringing services on a commercial scale; c) which found that the business-specific quantity provides services used by embodying infringing activities; or (d)) (a)), which b) or c) that person is indicated as a person involved in the production of the product concerned, production or distribution or provision of the services concerned. 2. the information referred to in paragraph 1 shall include: (a)) the goods or services concerned, producers, distributors, suppliers and other previous holders of the goods or services with names and addresses, as well as the intended wholesalers and retailers; (b)) for information on manufactured, produced, delivered, received or ordered, as well as the quantities, the price paid for the goods or services concerned. 3. paragraphs 1 and 2 shall apply without prejudice to other legal provisions that: (a)) gives the entity the right to obtain further information; (b)) shall be governed by the use of information in civil proceedings or criminal proceedings, which are, pursuant to this article; (c) the responsibility for governing law) to information abuse; (d)) makes it possible to refuse to provide information that will make the person referred to in paragraph 1 to admit that it or its close relatives have participated in the infringement of intellectual property rights; or e) is governed by the source of information or the processing of personal data privacy protection. 102. PANTSPagaid and precautionary measures 1. Each Party shall ensure that, following the applicant's request, the judicial authorities may in relation to the alleged violators to issue an order for interim measures to avoid possible infringement of intellectual property rights or to temporarily prevent the possible continuation of the infringement, in appropriate cases, if provided for by national law, charging a periodic penalty payment, or to allow the continuation of such action only If you have given a guarantee for compensation of the right holder. An order for interim measures in accordance with the same conditions and in accordance with the legislation of the party may also be issued in respect of the intermediaries whose services are used by a third party, the violation of intellectual property rights. 2. Order for interim measures may also be issued to give the order to arrest or returned goods that may infringe the intellectual property rights to prevent them getting into movement or sales channels. 3. If the offence is committed on a commercial scale, each Party shall ensure that, where the applicant indicates to the circumstances that may hinder the recovery of the reimbursement of damage, the judicial authorities may, in accordance with the legislation of the party to order as a precautionary measure may be applied in offending and/or real property attachment or execution, including his bank accounts and other assets of the lock. For this purpose, the judicial authorities may request a bank, financial or commercial documents, or appropriate access to the required information. 103. PANTSKorektīv measures 1 each Party shall ensure that the competent judicial authorities in the applicant's request, without prejudice to the right holder for misconduct caused damages and does not provide for any compensation, can give orders to withdraw, withdraw from the trade channels or destroy goods which were found that they violate intellectual property rights. Where appropriate, the competent judicial authorities may also give an order to destroy the materials and implements principally used in the creation or production of the goods. 2. each party to the judicial authorities shall have the power to give orders to carry out these measures on the expense of the infringer, unless particular reasons not to do it. 104. PANTSIzpildrakst each Party shall ensure that, if accepted by the Court, which found infringement of intellectual property rights, judicial authorities in respect of violators to issue an injunction to prevent infringement to continue. If the parties law allows, for defying the injunction laid down in the case are paid a regular penalty to ensure the enforcement of the injunction. Each Party shall also ensure that rightholders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe an intellectual property right. 105. PANTSAlternatīv measures each Party shall, in accordance with their national legislation may provide that, in appropriate cases and at the request of the person covered 103. Article 104 and/or the measures provided for by the competent judicial authorities, instead of applying the 103. and/or measure provided for in article 104, the innocent party can put cash compensation paid to the injured party if the guilty person has acted involuntarily and without negligence, if execution of the measures given that person a disproportionate harm and if the money compensation seems acceptable. 106. PANTSZaudējum compensation of 1. Each Party shall ensure that the judicial authorities, in determining damages: a) takes into account all the relevant aspects, such as the injured party in dealing with the negative economic consequences, including for profit, not offending the unfair profits and, where appropriate, other elements, not economic factors, including the entity resulting from the infringement of the moral hazard, or (b)) can detect a lump sum for damages based on certain factors and certainly given a royalty or payment amount that would be received if the infringer had requested authorisation to use the intellectual property rights. 2. If the offender is involved in the activities of unconsciously embodying infringing or he had no basis to realize, each party may provide that the judicial authorities may order to repay the victim for profit or cost it the advance fixing of the refund. 107. PANTSTiesāšan expenses each Party shall ensure that reasonable and proportionate legal costs and other expenses incurred by the successful party, the case is usually borne by the unsuccessful party, unless this is contrary to the principles of Justice. 108. the publication of the ruling of the court fees each Party shall provide that in proceedings for infringement of intellectual property rights by the judicial authority of the applicant's request and on the resources of the infringer may apply appropriate measures for the dissemination of information about the Court ruling, including notification of the ruling, and its publication in full or in part. 109. PANTSPieņēmum the copyright or property rights provided for in this section measures, procedures and remedies for the purposes of the application to literary or artistic work, unless there is evidence to the contrary, be considered the author, therefore it is also entitled to take legal action against the alleged offender, it is enough that his name is normally is mentioned in the work or on it. It shall apply mutatis mutandis to the holders of related rights in relation to the protected right. 110. As far as Administrative procedures administrative procedures as a result of the decision can be defined in any civil remedy, such procedures shall conform to principles equivalent in substance to those provided for in the relevant provisions of this section. 111. at the border PANTSPasākum 1. Taking measures on the border of the intellectual property rights, each Party shall ensure that the measures comply with its obligations under GATT 1994 and the TRIPS Agreement. 2. in order to ensure the protection of intellectual property rights each party's customs territory the Customs authorities, within the limits of their powers, adopt different approaches to identify shipments that contain 3 and 4 point goods suspected to be with them is in violation of intellectual property rights. This approach involves risk analysis methods based on, inter alia, information provided by the entities, the collected intelligence and cargo checks. 3. The Customs authorities shall have the power to take steps at the request of the holder of the right, with which the Customs limits control the release of the goods or detain them if there is a suspicion that they are in violation of rights in relation to trade marks, copyright and related rights, or geographical indications. 4. the Customs authorities of the Republic of Kazakhstan in no later than three years after the date on which the application of this section, has the power to take action if requested by the entity with which the Customs limits control the release of the goods or detain them if there is a suspicion that they violated the rights relating to patents, utility models, industrial designs, circuits (topographies) or plant varieties, provided that the European Union by the end of this three-year period, the end of the second year shall provide appropriate training for authorized representatives of the authorities, such as customs officers, prosecutors, judges and other employees. 5. The Customs authorities shall have the power on their own initiative, postpone the customs control of release of the goods or detain them if there is a suspicion that they are in violation of rights in relation to trade marks, copyright and related rights, or geographical indications. 6. the Customs authorities of the Republic of Kazakhstan no later than five years after the date on which the application of this section has the authority on its own initiative, postpone the customs control of release of the goods or detain them if there is suspicion that they violated the rights relating to patents, utility models, industrial designs, circuits (topographies) or plant varieties, provided that the European Union no later than two years before the end of the five-year period shall provide appropriate training for representatives of the notified bodies for example, customs officials, prosecutors, judges and other employees. 7. Notwithstanding paragraphs 3 to 6 shall not be obliged to apply a suspension or detention measures in respect of the importation of goods which have been put on the market in another country by or with the consent of the rightholder. 8. the parties agree on the effective implementation of article 69 of the TRIPS Agreement relating to the international trade of goods suspected to be with them is in violation of intellectual property rights. To this end, each party is willing to establish and notify the other party of its customs administration of contact points to facilitate cooperation. Such cooperation may include the exchange of information concerning mechanisms to receive the information from the law, best practices and experience with risk management strategies, as well as information that helps to identify the shipments, which are suspected of the offence they have the goods. 9. the Customs authorities of each of the parties are willing to cooperate, at the request of either party or on its own initiative, to give the other side the Customs authorities on the basis of available relevant information, in particular for goods transiting through the territory of a party and which the other party or originating in the other party. 10. Without prejudice to other forms of cooperation, a Protocol on mutual administrative assistance in customs matters shall apply in this article 8 and 9 point for legislation in the field of customs violations related to intellectual property rights. 11. Without prejudice to the powers granted to the cooperation Council, article 25, paragraph 3 of the customs cooperation subcommittees responsible for the proper functioning and implementation of this article. Customs cooperation Subcommittee on priorities and ensure proper procedures for cooperation between the competent authorities of the parties. 4. IEDAĻASTARPNIEK service provider liability PANTSStarpniek services 112. the parties recognize that intermediaries could be used by third parties in the conduct of the infringement. To ensure the free circulation of information services and at the same time protect the intellectual property rights in the digital environment, each Party shall provide for the measures referred to in this section in relation to an intermediary service providers, these service providers do not in any way involved with the information transmitted. 113. PANTSStarpniek service provider liability: "simple transmission" 1. If you provide an information society service, consisting of the recipient of the information provided by the broadcasting communication network or providing access to a communication network, each Party shall ensure that the service provider is not liable for the information transmitted, on condition that the provider: (a)) does not initiate the transmission; (b)) chooses the recipient of the information transmitted and c) does not select or modify the information contained in the transmission. Article 2, paragraph 1 of the data transfer and access activities include Auto, starpniecisk and temporary storage of the information transmitted in so far as it is carried out solely for the purpose of broadcasting communications network and provided that the information is not kept for longer than the time that is reasonably necessary for the transmission. 3. This article shall not affect the possibility of the Court or the administrative authority may, in accordance with the legislation of the parties request the service provider to terminate or prevent an infringement. 114. PANTSStarpniek service provider liability: "caching" 1. Where an information society service is provided that consists of the service information provided by a recipient of the transmission of the communications network, each Party shall ensure that the service provider is not liable for the automatic, starpniecisk and temporary storage of that information, performed for the sole purpose of making more efficient onward transmission of information to other recipients of the service upon their request, provided that: (a)) the service provider does not modify the information; (b)) the service provider complies with conditions on access to information; c) service provider complies with rules regarding the updating of the information, specified in a manner widely recognised and used by industry; (d)) the service provider does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information, and e) the provider acts expeditiously to remove or disable access to the information that it had been buried, after obtaining this information, that the original source of the transmission has been removed from the network, or access to it is denied, or the Court or the administrative authority is requested to remove such information or deny access. 2. This article shall not affect the possibility of the Court or the administrative authority may, in accordance with the legislation of the parties request the service provider to terminate or prevent an infringement. 115. PANTSStarpniek service provider liability: "storage" 1. If you provide an information society service, consisting of the information provided by a recipient of the service, storage, each Party shall ensure that the service provider is not liable for the information stored at the request of a recipient of the service, provided that: (a)) the provider does not have actual information of illegal activity or information and, as regards claims for compensation is not aware of facts or circumstances that indicate illegal activity or information or (b)) service provider for information or obtaining acts expeditiously to remove or disable access to the information. Article 2, paragraph 1 shall not apply if the recipient of the action detects or controls the service provider. 3. This article shall not affect the possibility of the Court or the administrative authority may, in accordance with the legislation of the parties request the service provider to terminate or prevent an infringement, nor does it affect the possibility that a party establish procedures to remove or disable access to the information. 116. the monitoring obligation PANTSVispārēj the absence of the parties 1 imposes a general obligation on service providers, offering 113.115. services referred to in article to monitor information they transmitted or stored as well as imposing a general obligation actively to seek facts and circumstances that indicate illegal activity. 2. a party may impose the obligation to information society service providers in a timely manner to inform the competent national authorities of the recipient of the alleged illegal activities undertaken or information provided. A party may also determine the obligation to information society service providers to notify the competent authorities, at their request, information enabling the identification of recipients of their service with whom they have concluded contracts for the storage of information. 117. PANTS112. up to the date of application of article 116 of the Republic of Kazakhstan fully implements article 112 to 116 with the obligations laid down in five years from the date of application of this section. 118. PANTSSadarbīb-1. the Parties shall encourage cooperation between the trade or professional associations or organisations to protect and enforce intellectual property rights. 2. the parties agree to cooperate to support the fulfilment of the obligations entered into under the provisions of this chapter. Areas of cooperation include, but are not limited to, the following: (a) the Parties) the exchange of information on the intellectual property rights of the relevant legal framework and relevant law enforcement and implementing rules; Exchange of experience on the legislative progress achieved in these areas; b) exchange of experiences on intellectual property rights protection and implementation; (c) exchange of experience on Defense) and implementation between customs, police, administrative and judicial authorities and interested bodies; coordination to prevent the export of counterfeit goods; (d) capacity-building activities) and e) information and knowledge about intellectual property rights for the promotion and distribution of, inter alia, also the business community and civil society; public awareness and consumer awareness of the legal entity. 8. NODAĻAVALST procurement 119. Definitions in this chapter: (a)) "commercial goods or services" means goods or services normally sold or offered for sale, and you usually buy wide non-governmental persons non-governmental purposes; (b)) "construction service" means a service aimed at civil engineering works or works of the execution, by whatever means, based on the United Nations Central Product Classification ("CCP") Chapter 51; c) "days" means calendar days; d) "electronic auction" is a repetitive process involving an electronic device for the notification of new prices, revised reduction purposes, and/or new values concerning certain elements of tenders, which occurs after full and original evaluation of tenders and allow them to split by sites using automatic evaluation methods. Therefore, some works contracts and certain service contracts having as their subject-matter intellectual performances, such as the design of works, should not be the object of electronic auctions; e) "writing" or "written" shall mean the expression of information of words or figures that can be read, reproduced and subsequently communicated. This may include electronically transmitted and stored information; f) "restricted tendering procedure ' shall mean the procurement method under which the procurement authority shall consult with one or more of the same designated suppliers; g) "measure" means a measure, procedure, reference or administrative practice or action carried out by the authority in connection with the purchase of the covered shopping; h) "many times to use the list" is a list of the vendors that purchase authority recognized as appropriate for inclusion in this list, you purchase the Authority plans to use more than once; I) "notice of intended procurement" means the acquisition Authority published a statement that interested suppliers are invited to submit a membership application, or both; j) "an open tendering procedure ' shall mean the procurement method under which offer all interested suppliers may submit; k) "person" means a natural or legal person; l) "procurement authority" means the authority, subject to annex III, part 1 to 3; m) "appropriate supplier" means a supplier that procurement authority recognised that meets the conditions of membership; n) "selective tendering procedure ' shall mean the procurement method, according to which the offer can be made only under suppliers that invites procurement authority; o) "services", unless otherwise specified, includes construction services; p) "standard" is a document approved by a recognized body, in which the General and reuse provides rules, instructions or products or services or related processes and production methods, the description is optional. It can be included or it may relate only to the terminology, symbols, packaging, marking or labelling requirements relating to a product, service, process or production method; q) "supplier" means a person or group of persons supplying goods or services or be able to do; r) "technical specification" is a tender procedure the requirement that: (i)) of the goods bought or services parameters, including the quality, performance, safety and dimensions, or the production or provision of processes and methods; or ii) addressed issues of terminology, symbols, packaging, marking or labelling requirements relating to a product or service. 120. the scope of Actions and scope of application of this chapter 1. This chapter applies to any measure relating to procurement covered, irrespective of whether it is carried out wholly or partly in electronic form. 2. for the purposes of this chapter, "covered procurement" is a national procurement objectives: (a)) relating to the products, services, or any combination thereof, (i)) as specified in annex III and ii) which bought for commercial sale or resale, or are not intended to be used for commercial sale or resale for use in the production or supply of goods or services; (b)) carried out through a contract, including the purchase, lease, rent and tenancy rights purchase with purchase or without them; (c)) as a value at a time when, in accordance with article 124 shall publish a notice of not less than the relevant threshold specified in annex III; (d) by the procurement authority) and e) which is not otherwise excluded from the scope of application of paragraph 3 of this article or annex III. If the value is not specified, it shall be determined in accordance with paragraphs 6 to 8. 3. Except when annex III provided otherwise, this chapter shall not apply to: (a)), of land, existing buildings or other real estate or rental or purchase of the rights pertaining thereto; (b) non-contractual agreements) or any kind of assistance from the party, including cooperative agreements, grants, loans, capital injections, guarantees and fiscal incentives; (c) the financial agent or the depositary) services, liquidation and management services for regulated financial institutions and services relating to public debt sale, redemption and distribution, including loan and bond, promissory notes, and other securities, the purchase or acquisition, d) public employment contracts; e) procurement, by: (i)) with a special purpose to provide international assistance, including development aid; II) in accordance with a special procedure or terms of an international agreement relating to the troops deployment or to signatory States of the joint implementation of the project; or III) according to the particular procedure of an international organisation or conditions, or if it is financed by international grants, loans, or other support, or, if the applicable procedure or condition would be inconsistent with this chapter. 4. In annex III to this agreement provides information on each side: a) part 1 in the Central Administration, the procurement of which apply to this chapter; (b) in part 2) – territorial authorities that apply to the procurement of this chapter; c) part 3 – all other authorities which apply to the procurement of this chapter; (d)) part 4-goods of this chapter shall apply; Part 5 – e) services, excluding construction services covered by this chapter; Part 6 – f) construction services covered by this chapter, and g) part 7 – General remarks. 5. If the authority in connection with the purchase of the covered shopping requires that the parties not included in annex III, is purchasing under special requirements, the following requirements shall apply mutatis mutandis to article 122. 6. Valuation estimating value of a procurement with the aim to find out if it is a covered procurement, procurement authority: (a) the acquisition cost estimating of) does not share individual purchase tenders, chooses and uses the method of evaluation with the aim of completely or partially excluded from the application of this chapter and (b) the estimated purchase) includes a maximum total value across the it does not matter whether the order is assigned to one or more suppliers, taking into account all forms of remuneration including: i) premiums, fees, commissions and interest, and (ii)) If your purchase choice, offers such opportunity total value. 7. If the individual purchase requirements will rise to more than one contract or contracts are concluded between individual parts (hereinafter referred to as "repeatedly contract"), the estimated maximum total value calculated on the basis of: (a) the value of the agreement), concluded on the same type of goods or services and are assigned to the previous 12 months or buying authority in the previous fiscal year, and, where possible, to adapt, to take account of the changes planned for the next 12 months to be the quantities of goods or services or value, or (b) of the Treaty) the estimated value of the concluded on one type of goods or services and to be granted 12 months following the initial contract award or purchase authority concerned for the fiscal year. 8. If the purchase of goods or services is carried out through the leasing and renting or leasing, or if you do not specify a total price, the purchase of assessment is based on: (a)) to fixed-term contracts: (i)), which is the contract term is 12 months or less, the total estimated maximum value of all contracts; or (ii) where the term of the contract) exceeds 12 months, the total estimated maximum value including the estimated residual value; b) contract for an indefinite period, the estimated monthly installment multiplied by 48, and c) if it is not known whether the contract will be closed for a specified or unspecified period, used the grounds in accordance with point (b)). 121. PANTSVispārēj exceptions subject to the requirement that such measures are not applied in such a way as to avoid arbitrary or unjustifiable discrimination between the parties or hidden restriction on international trade, nothing in this chapter shall be construed so that it would deny a party the imposition or enforcement of measures (a)) requires the public morality, public policy or security protection; (b)) require human, animal or plant life or health; c) necessary for the protection of intellectual property; or (d)) apply to goods produced or services provided to persons with disabilities, philanthropic institutions or prison. 122. PANTSVispārēj principles of non-discrimination 1. With respect to any measure relating to procurement covered by each party including its procurement authorities, without conditions apply to second hand goods and services and suppliers of the other party, the offering such goods or services, such arrangements no less favourable than that which that party, including its purchase of the authority, its goods, services, and the national territory registered suppliers. 2. with respect to any measure relating to procurement covered party, including: (a) the procurement authority) shall not apply in the territory of the country registered supplier less favourably than another locally-established to the supplier on the basis of foreign origin or ownership; or (b)) shall not discriminate against locally-established suppliers, so that this vendor specific procurement offers other goods or services. The use of electronic means of communication 3. If a covered procurement procedures conducted by electronic means, purchasing authority: (a) ensure that procurement) is conducted using information technology systems and software, including through information authentication and encryption-related systems and software, which are generally available and interoperable with other information technology systems and software, and (b)) maintain mechanisms that ensure a membership application and the integrity of the tender, including identified it allows receiving time and prevents unauthorized access to them. Procurement process the procurement authority of the 4 wires in the procurement procedures covered by a transparent and impartial manner that: (a)) is incompatible with this chapter, using such methods as open tender procedures, selective tendering, restricted tendering procedure and the electronic auction; b) resolves conflicts of interests and preventing corruption (c)). 5. The rules of origin for the purposes of the purchase Covered not one party does not apply to products or services imported or supplied on the other hand, the rules of origin, which are different from the rules of origin that the party at the same time, apply the same import of goods or services to the usual trade or supplies of the same party. Procurement activities to the 6.2 of this article and paragraph 1 shall not apply to: customs duties and charges of all kinds relating to or in connection with importation; on collecting such duties and charges; other import regulations or formalities, and measures affecting trade in services other than measures that apply to a covered procurement. 123. the PANTSInformēšan of purchasing system 1. Each Party shall: (a)) the selection of the electronic or print media, which are distributed widely and readily available to the public, does not immediately publish laws, regulations, judicial decisions and generally applicable administrative rulings, the standard clauses of contracts provided for in legislation and on which tnormatīv is the reference in the notices and tender documentation and procedures relating to procurement, as well as covered it changes and (b)) to the other party, upon request, provide the explanation. 2. Annex IV to this agreement in part 1 of the accounts: (a) the electronic or printed) media, which publishes the parties paragraph 1 of this article, the information described in. (b) the electronic or printed) media, in which each Party shall publish a notice as laid down in article 124, paragraph 7 of article 126 and paragraph 2 of article 133; and (c)) the Web site address or addresses where each Party shall publish their notices on contracts awarded in accordance with paragraph 2 of article 133. 3. Each Party shall be notified immediately to the cooperation Committee of any changes in the information provided, the parties listed in annex IV, part 1. The cooperation Committee shall take decisions on a regular basis to reflect changes in part 1 of annex IV. 124. PANTSPaziņojum in the notice of intended procurement 1. for each of the covered shopping purchase authority notice of intended procurement shall be published in the printed or electronic media that is listed in part 2 of annex IV except 130. in the circumstances referred to in the article. The following media feature is widespread, and the following statement is readily available to the public at least until the period specified in the notice. Purchase the authorities referred to in annex I, 1, 2 or 3, the statements are available free of charge by electronic means to the single access point for at least the minimum period specified in part 2 of annex IV. 2. Save as otherwise provided for in this chapter, each notice of intended procurement shall include: (a) purchase) the name and address and other information necessary to communicate with procurement authority and obtain all relevant documents relating to the purchase, and the cost and payment terms, if provided; (b)), including the purchase description of the goods or services purchased and the quantity or the estimated quantity, if the quantity is not known; c) for repeated agreements — if possible, the intended purchase next statement about time; (d) a description of the possibilities); e) delivery of goods or services or the duration of the contract; f) procurement method that will be used, and information about the expected call or electronic auction; g) where appropriate, the address and the time limit for the submission of applications for participation in procurement; h) address and submission of tenders; I) the language or languages in which tenders may be submitted or membership applications, if they can be submitted in a language other than the procurement authority official language; j) supplier membership conditions any list and a brief description, including any requirements relating to specific documents or attestations that suppliers be submitted in that regard, unless such requirements are already included in the tender documentation is made available to all interested suppliers simultaneously with the notice of intended procurement; and (k)) when, pursuant to article 126, procurement authority intends to designate a limited number of eligible suppliers that will be invited to submit a tender, any limits on the number of suppliers will be allowed to participate in the contest. 3. Summary statement for each intended procurement the procurement authority shall publish a summary notice, which is easily available, published in English or French at the same time with the announcement of the impending procurement. The recapitulative statement shall include at least the following information: (a) the object of the purchase;) b) tender offer period or, where applicable, any application period for participation in the procurement procedure or the inclusion of many easy-to-use list; and (c)) the address at which you can request the documents relating to the procurement. A notice of planned procurement purchasing authority 4 are encouraged in the print or electronic media, listed in annex IV, part 2, each fiscal year as soon as possible, publish a notice for future procurement plans (the "notice of planned procurement"). The notice should specify the subject of the purchase and the planned date of the notice of intended procurement is published. 5. purchasing authority, referred to in annex II, part 3, you can use the notice of planned procurement as a notice of intended procurement, if it included so much information referred to in point 2, as soon as it is available, and a statement that interested suppliers of their interest in the procurement to the purchase should be made to the authority. 125. PANTSDalīb conditions 1. purchasing authority is limited only by the conditions for participation in a procurement procedure, which are essential to ensure that the vendor is the legal and financial options and commercial and technical abilities to provide appropriate purchase. 2. in determining the conditions of membership, purchase authority: (a) not installed condition) which provides that the procurement is open to only those suppliers that purchase of the party authority previously granted to one or more contracts; (b)) may request relevant previous experience, if it's an important purchase requirements; and (c)) did not make the condition that may participate in or purchase contract can be awarded only for the vendor to which the parties to the other procurement authority has previously granted to one or more contracts or that the supplier must be a previous experience in the territory of that party, except when prior experience is essential in order to comply with the requirements of the procurement. 3. In assessing whether a supplier meets the conditions of membership, purchase authority: (a) evaluate vendor finance), commercial and technical capacity on the basis of its businesses and purchase authority, both inside and outside the territory, and (b)) to support its assessment of the conditions that you specified previously for the purchase authority notices or tender documentation. 4. If a party is supporting evidence, including its purchase, the authorities can turn to one of the following reasons: (a)) bankruptcy; (b) false statements); (c) significantly or consistently) shortcomings, unable to meet some important requirements or obligations contained in previous contract or contracts; (d) the final judgment) in relation to serious crimes or other serious offences; e) professional misconduct or acts or omissions that do not negatively affect the commercial integrity of the supplier, or f) tax evasion. 126. PANTSPiegādātāj qualification system of registration and qualification procedures 1. Party, including its procurement authorities can maintain vendor registration system in which interested suppliers are required to register and provide certain information. 2. Each Party shall ensure that (a) the procurement authority) making efforts to reduce differences in the qualification procedures, and (b)) if they purchase the institutions shall maintain a registration system, the procurement authorities trying to minimise their registration systems. 3. a party, including its procurement authorities, does not accept and does not apply to the registration system or qualification procedure whose purpose or effect is that creates unnecessary obstacles to the participation of suppliers of the other party for that party's procurement. Selective tendering procedure 4. If the purchase authority intends to use selective tendering procedures, the authority: (a)) in the notice of intended procurement shall include at least the article 124 paragraph 2 (a)), (b)), f), (g), (j) and (k)))) the required information and invites suppliers submit membership applications; and (b)) to the tender offer for the beginning of the period for submission of the relevant vendors who have announced, as indicated in paragraph 3 of article 128 (b)), at least the information referred to in article 124, paragraph 2 c), (d), (e), (h)))) and (i)). 5. purchasing authority allows all eligible suppliers to participate in a particular procurement, if the procurement authority in the notice of intended procurement does not point to any limit on the number of suppliers, which will allow to make a bid, and selection criteria for a limited number of suppliers. 6. If the tender documentation is made available to the public of the notification referred to in paragraph 4, the date of publication of procurement shall ensure that the documents referred to in one and the same time to be open to all qualified suppliers, selected in accordance with paragraph 5. So much to list 7. Procurement authority may maintain a list of suppliers has often used, unless by invitation to interested suppliers to apply for inclusion in the list: a) are published every year, and (b)) if it is published by electronic means is continuously available in any of the relevant media, listed in annex IV, part 2. 8. the notification provided for in paragraph 7, point (a)) the goods, services or the category description, which you can use the list; (b) conditions of participation) suppliers must meet the for inclusion in the list, and the methods that will be used in the procurement authority to verify compliance with the conditions of the supplier; (c) procurement authority) name and address, and other information required to communicate with and obtain all relevant documents relating to the list; (d) the period of validity of the list) and its extension or termination or, if the period of validity is not intended to indicate how the list will be notified of the termination of the use; e) indication that the list may use the procurement covered by this agreement. 9. Notwithstanding paragraph 7, if heavily used list is valid for not more than three years, procurement analyst, you can publish the notice referred to in section 7 only once, at the beginning of the period of validity of the list, if: (a) the period of validity) include reference and information that further announcements will not be published; and (b)) is published electronically and is continuously available during the term of its validity. 10. the procurement authority allows suppliers to apply at any time to include many easy-to-use list, and soon enough to be included in the respective list all eligible suppliers. 11. If a supplier who is not included in the list to be used many times, shall submit an application for participation in the procurement procedure based on the use of the list many times, and all the documents required under article 128 of the prescribed period, the procurement authority shall consider such a request. Procurement authority does not exclude the supplier in respect of the proceedings on the basis that the authority does not have enough time to review the application, unless exceptional circumstances in view of the complexity of the procurement procedure, the authority was unable to complete the application within the time limit allowed for submission of tenders. Institutions subject to annex III, part 3:12. Procurement authority, referred to in annex II, part 3, notice inviting suppliers to apply for inclusion in the list to be used many times, can be used as a notice of intended procurement provided that: (a) a notice is to be published) in accordance with paragraph 7 of this article and paragraph 8 of this article include the information requested in paragraph 2 of article 124 the information requested to the extent What is available, and notice that it is the notice of intended procurement or that further notices of procurement covered many times to use the list, will receive only suppliers that are included in the list to be used many times; and (b)) body suppliers that it made known its interest in that procurement, immediately provide sufficient information so that they can assess their interest in participating in the procurement, including all the other information provided for in article 124, paragraph 2 in so far as this information is available. 13. the procurement authority, subject to annex III, part 3, may allow the vendor who is logged on to the inclusion of many list in accordance with paragraph 10 of this article, participating in the contest for the purchase, if there is enough time to purchase authority to verify that the supplier complies with the conditions of participation. Information on the procurement authority decisions 14. Procurement authority shall immediately inform the supplier that submits the application for participation in a procurement procedure or an application for the inclusion of many easy-to-use list of procurement authority in respect of any of such applications. 15. If the purchase Authority rejected the application for participation in procurement by the supplier or the inclusion of many easy-to-use application list, no longer recognizes suppliers for compliance or deleted it from the list to be used many times, the authority shall inform the supplier immediately and, upon his request and immediately provide a written explanation to the supplier of the reasons for its decision. Article 127 specifications and documentation technical specifications 1. Procurement authority does not prepare, adopt or apply technical specifications or does not detect any conformity assessment procedures, in order to create unnecessary obstacles to international trade, and has no such effect. Technical specifications must provide equal access to suppliers, and they may not lead to unjustified obstacles to the opening of public procurement to competition. 2. In fixing the technical specifications of the goods or services purchased, purchase authority, where appropriate: (a)) sets out the technical specifications and functional requirements of performance rather than design or description parameter; and (b)) technical specifications based on the basis of international standards, if any; If there are none, national technical regulations, recognized national standards or building codes. 3. where the technical specifications are used to design or descriptive characteristics, purchase authority, where appropriate, it should be noted that it will consider equivalent, tenders for the supply of goods or services, which obviously meets the requirements of the procurement, including the tender dossier words such as "or equivalent". 4. Procurement authority does not provide technical specifications, which required about a particular trademark or trade name, patent, copyright, design or model, specific origin, producer or supplier, and does not point to them unless otherwise not sufficiently accurate or understandable to describe procurement requirements, provided that in such cases the authority included in the tender dossier, the words "or equivalent". 5. the procurement authority from the person who may have a commercial interest in the procurement, does not require and does not adopt the recommendations that you can turn off the competition and which can be used in preparing or adopting technical specifications for a specific procurement. 6. Greater certainty in the party, including its purchase of the authority, in accordance with this article may prepare, adopt or apply technical specifications to promote the conservation of natural resources or protection of the environment. 7. Tender documentation of procurement authority shall make available to suppliers tender documentation containing all information necessary for suppliers to prepare and submit the appropriate tender offers. Unless the notice of intended procurement is not otherwise provided, the following documentation: (a) a full description of the purchase, including being purchased) goods or service type and quantity, or, if the quantity is not known, the estimated quantity and the requirements that must be met, including all technical specifications, conformity assessment certificates, plans, drawings or instructions; (b) conditions of membership) all vendor information, and a list of documents that must be submitted by suppliers in relation to the conditions of participation; (c)) all the evaluation criteria that will apply to the procurement authority, the award of the contract, and the relative importance of these criteria shall, except when the sole criterion is the price; (d) make this purchase authority) procurement electronically — all authentication and encryption requirements or other requirements associated with electronic submission of information; (e) if the procurement authority) will conduct an electronic auction — rules for the auction will be carried out to identify those elements of the competition linked to the assessment criteria; (f)) if the offer will open to the public: open the date, time and place and the persons authorized to join; g) all other provisions, including the payment terms and restrictions on the means by which tenders may be submitted, for example, on paper or electronically; and (h)) the supply of goods or provision of services. 8. the goods purchased or services of delivery due date, procurement authority shall take into account such factors as the complexity of the procurement, the extent of subcontracting anticipated and the realistic time required for production of the goods, the removal of the item of goods and transportation from the place of delivery or the provision of services. 9. evaluation criteria set out in the notice of intended procurement or tender documentation may include, inter alia, the following criteria: price, or other cost factors, quality, value, technical characteristics and delivery environment. 10. the procurement authority shall immediately: (a)) made available to the tender documentation to interested suppliers should have enough time to submit acceptable bids; (b)) upon request, provide documentation for any interested supplier and c) responds to reasonable requests for information that are submitted by the supplier or vendor interested in participating in the contest, if the supplier does not give advantages in comparison with other suppliers. Changes to 11. If, before the award of the contract the procurement authority change the criteria or requirements set out in the notice of intended procurement or tender documentation provided to suppliers participating in the contest, or to amend or repeatedly publish a notice or tender documentation, it shall provide in writing all these changes or the amended notice issued, or repeatedly, or tender documentation: a) all suppliers that change, amendment or new spending time participating in the contest If the following suppliers procurement authority is known, and in all other cases, in the same way that was done in the original information available; and (b)) in sufficient time to appropriate these suppliers can change and submit the amended tender offer. 128. PANTSTermiņ information 1 General. the procurement authority under its reasonable needs provide suppliers sufficient time in which to prepare and submit requests for participation and tenders satisfactory taking into account the following factors: (a) the nature and complexity of the purchase); (b) the extent of sub-contracting anticipated) volume and (c)) the time required for the transmission of tenders from foreign as well as domestic points, if not using electronic means. The following time limits, including the extensions, it is the same for all suppliers who are interested or participating. Final deadlines 2. Procurement authority, which uses selective tendering procedures, determines that the application period for participation in principle can not be less than 25 days from the date of publication of the notice of intended procurement. If purchasing authorities duly justified grounds of urgency this time limit cannot be applied, the time limit may be reduced to not less than ten days. 3. Except as provided for 4, 5, 7 and 8, procurement authority determines that the time limit for submission of tenders not less than 40 days from the date of a) public tender procedure, publication of the notice of intended procurement, or b) selective tendering procedures in the case of procurement authority has notified suppliers that they will be invited to submit tenders, regardless of whether it is used many times to use the list. 4. shorten the procurement authority may, in accordance with paragraph 3 provided for the submission of tenders to not less than ten days, if: (a) procurement authority) has published a notice of planned procurement in accordance with paragraph 4 of article 124 of at least 40 days and not more than 12 months before the notice of intended procurement publication and notice of planned procurement stated: i) purchase description; II) about the last date by which to submit tenders or requests to participate; (iii) supplier certification) procurement authority of their interest to participate in procurement; IV) address that can receive the documents relating to the procurement, and v) information to the extent necessary for the notice of intended procurement in accordance with article 124, paragraph 2, and is available; (b) repeat purchase) regarding the acquisition authority of the original notice of intended procurement has indicated that a subsequent notice will specify the time limits, which is based on this point; or (c)) the procurement authority duly substantiated urgency because of these deadlines cannot be applied in accordance with paragraph 3. 5. the procurement authority may shorten the specified in paragraph 3 for the period for the submission of tenders for seven days in one of the following cases: (a)) a notice of intended procurement is published electronically; (b)) all tender documentation is available electronically from the date of publication of the notice of intended procurement, and (c)) the authority shall accept tenders electronically. 6. in applying the provisions of paragraph 5, in relation to point 4, the time limit for submission of tenders provided for in paragraph 3, shall in no case is shortened to less than seven days from the date of the publication of the notice of intended procurement. 7. Notwithstanding any other provisions referred to in this article, if the procurement authority purchased commercial goods or services, it may shorten the 3. referred to in paragraph 1 for the submission of tenders to no less than 13 days if purchase authority, by electronic means, shall be published at the same time both the notice of intended procurement and the tender documentation. In addition, where the authority accepts commercial offers of goods or services via electronic means of communication, it can shorten the period prescribed in accordance with point 3, to not less than seven days. 8. If the purchase authority, subject to annex III, part 3, is designated by all appropriate vendors or their limited number, submission of tenders may be set by the authority and the designated procurement suppliers by mutual consent. In the absence of the arrangement this time limit shall not be less than seven days. 129. PANTSSarun-1. a party may provide that the purchase negotiations the authority: (a) if the procurement authority) notice of intended procurement required under article 124, paragraph 2 expressed the intention to hold a conversation or b) where, following an evaluation of proposals under the notice of intended procurement or the tender dossier, with the criteria laid down no one tender is obviously the most advantageous. 2. purchasing authority: (a)) ensures that suppliers participating in the negotiations, the shutdown is done in accordance with the evaluation criteria set out in the notice of intended procurement or tender documentation, and (d)) if the negotiations are terminated, set a single deadline for other suppliers who participate in the negotiations, new or revised submission of tenders. 130. the tender PANTSIerobežot 1. Provided that the procurement authority does not use this rule to avoid competition between suppliers or in a way that discriminates against suppliers of any other party or protecting domestic suppliers, procurement authority may use limited tendering procedures and may choose not to apply the 124, 125, 126, 127 (7 to 11), 128, 129, 131 and 132.. only article in which of the following circumstances : a) provided the requirements of the tender dossier is not essentially amended if: (i)) has not submitted a tender or supplier is not logged on to the membership; II) has not submitted a tender which complies with the tender documentation requirements; III) supplier does not comply with the rules for participation, or iv) submitted tenders are associated with collusion; b) If goods or services can be supplied only by a particular supplier and alternative or substitute goods or services does not exist for the following reasons: (i)) the request relates to a work of art; (ii) patents, copyrights) or other exclusive rights, or (iii)) is not competition for technical reasons; (c)) in respect of the goods or services for additional deliveries by the original supplier, and which were not included in the original purchase, if switching the following additional goods or services delivery: (i) the economic) it is not possible for technical reasons or as a requirement of mutual interchangeability or interoperability with existing equipment, software, services or installations, which purchased the original purchase, and (ii) create a procurement authority) significant inconvenience or cost of significant increase; (d) in so far as is strictly necessary), if the event by purchasing authority has not been able to provide an exceptional urgency, the goods or services for which it is not possible to obtain in time, using the open or selective tendering procedures; e) for goods purchased on a commodity market; (f) procurement authority bought) if the samples or a first product or service created, at its request, in relation to a particular contract for research, experiment, study or oriģinālizstrādn and that, for the purposes of the agreement. The first original product or service development may include a limited amount of production or supply in order to incorporate the results of experiments and practice show that the item or service is suitable for production or supply in quantity to acceptable within certain quality standards, but does not include the production of large quantities or delivery, which ensures the economic viability or covering research and development costs; (g)) in respect of purchases made with a particularly advantageous conditions that only arise in the very short term special sales event, such as winding-up, insolvency or bankruptcy of the Administration, but not for regular purchases from regular suppliers, or h) when award winning designs, provided that: (i) the contest is organized) so that it is compatible with the principles of this chapter, in particular with regard to the notice of intended procurement publication and (ii)) members assessed the independent jury, whose task is to assign the winner the right to close a design contract. 2. the procurement authority shall prepare a written report on each contract awarded under paragraph 1. The report shall indicate the name, the purchase of goods or services and the nature and value of the statement mentioned in paragraph 1, the conditions and the terms described on the basis of which was used for limited tendering procedure. 131. Article auctions 1. Purchasing authorities may use electronic auctions. 2. In open, restricted or negotiated procedures procurement authority may decide that the award of the contract is an electronic auction, if you can pinpoint the contract specifications. The electronic auction shall be based on: (a)) only to prices when the contract is to be awarded to the one who offers the lowest price, or (b)) on price and/or the features of the tenders indicated in the specification new values, where the contract is to be awarded to him who has submitted the best tender. 3. the procurement authority that decide to hold an electronic auction, it shall be indicated in the notice of intended procurement. Specifications, inter alia, include the following information: a) the parameters whose values will be the subject of electronic auction, provided that such features are quantifiable and can be expressed in figures or percentages; b) restrictions values that can be submitted and which will result from the specifications; c) information that will be made available to tenderers in the lgait of the electronic auction and, where appropriate, when it will be transferred to them; d) relevant information on the progress of electronic auction; e) conditions under which the tenderers will be able to make their offer, and in particular the minimum step, where appropriate, will be required in the procedure; f) relevant information on the electronic equipment used and the conditions of connection and technical specifications. 4. Before starting the electronic auction, procurement authority shall complete the initial evaluation of the tenders in accordance with the criteria for the award of the contract or a specific criteria and it fixed the alignment. All tenderers who have submitted admissible tenders electronically, are simultaneously invited to submit new prices and/or new values; the invitation contains all the information necessary for the individual connection to the electronic unit and specify the starting day of the electronic auction and time. The electronic auction may take place in several successive stages. The electronic auction may not start sooner than two working days after the date of the invitation. 5. Where the contract is to be awarded on the basis of the most advantageous tender, the invitation shall be accompanied by the applicant's complete evaluation results. The invitation shall also state the mathematical formula to be used in the electronic auction to auto again ranked the applicants on the basis of the data of the new prices and/or new values. This formula includes all the evaluation criteria designed to determine the most advantageous tender, as indicated in the contract notice or in the specifications; to this end, the potential of the previously reduced to determine the amplitude value. 6. each phase of an electronic auction the contracting authorities to all tenderers shall immediately notify at least such information, at any time, enabling them to find out their respective site. Authorities may also provide other information concerning other prices or values submitted, provided that that is stated in the specification. They also may at any time announce the number of participants in the auction phase. However, they do not at any phase of an electronic auction to disclose the identity of the applicant. 7. purchasing authority switch electronic auction in one or more of the following ways: (a) in the invitation to take part in the auction) tnorād the above a fixed date and time; (b)) If no longer received new price and new values which meet the requirements of the minimum offset, the invitation to take part in the auction shall indicate the period for which it will take after receiving the last submission, and then electronic auction; (c)) where it is realized the auction phase of the number recorded in the invitation to take part in the auction. 8. If the acquisition authority has decided to close an electronic auction in accordance with 7. point (c)) and, possibly, in conjunction with point (b)) the procedure laid down in the invitation to take part in the auction shall indicate the timetable for each phase of the auction. 9. at the end of the electronic auction procurement authority contract is awarded in accordance with article 132, based on the results of the electronic auction. 10. the procurement authorities may not use electronic auctions or unfair in a way that is delayed, restricted or distorted competition or changed the subject of the contract, for which the tender, publication of a contract notice and defined in the specification. 132. PANTSPiedāvājum examination of tenders and award of contracts for Procurement of 1 examination authority receives, open and examine all the tenders in accordance with the procedures that guarantee the fairness of the procurement process and impartiality and offer privacy. 2. the procurement authority would fine vendors that offer received after the prescribed deadline of receipt, if the delay occurred only for the procurement authorities the wrong result. 3. If the period of opening up to the award of contracts for procurement authority enables the supplier to correct the unconscious form errors, procurement authority the same opportunities to all suppliers that are participating in the contest. 4. The award of contracts in order to examine the award of the contract chance, the offer shall be made in writing and opened it complies with the essential requirements set out in the notices and tender documentation, and it was submitted by the supplier, which shall comply with the conditions of participation. 5. If the purchasing authority decides in the public interest not to award the contract, it shall award the contract to the supplier that the Authority recognized as able to fulfil the provisions of the Treaty and which, on the basis of only the evaluation criteria set out in the notices and tender documentation is submitted: (a)) the most favourable offer or (b)) with the lowest bid price if the price is the only criterion. 6. If the purchase authority receives tenders in which a price is unreasonably lower than other tenders submitted, for the price, the authority may consult with the vendor to verify that it complies with the conditions of participation and the ability to meet the provisions of the Treaty. 7. the procurement authority does not use the alternative does not remove iepirkumuv to change the contracts assigned in such a way that circumvented the obligation referred to in this chapter. 133. PANTSIepirkum information transparency of information provided to suppliers 1. Procurement authority shall promptly inform suppliers participating in the contest, on decisions concerning the award of contracts, and at the supplier's request, in writing. Pursuant to article 134 2 and 3, the authority shall not purchase designated supplier, at its request, provide an explanation of the reasons for which it is designated, and the designated vendor comparative advantages. Publication of information on the contract award 2. not later than 72 days after the award of the contract, subject to this section, the procurement authority shall publish a notice in the printed or electronic media, listed in annex IV, part 2. If the institution concerned only such notices shall be published in the electronic media, information is easily available within a reasonable time. The notice shall include at least the following information: a) the goods or services purchased; (b) procurement authority) name and address; (c)) the supplier's name and address; (d) the value of the offer) or the highest and lowest offer taken into account in the award of the contract; (e) the date of award) and f) procurement method used and, when used in a restricted tender procedure in accordance with article 130, a description of the circumstances justifying the use of limited tendering procedures. The documentation and storage of messages and electronic traceability 3. each purchase authority for at least three years from the date of award of the contract: (a) stored) and the procurement procedure for the award of contracts relating to the purchase of the covered documentation and reports, including reports, which are required in article 130, a and b), which provides data capture purchase proper traceability by electronic means. Article 134 of the provision of information to Parties 1. At the request of either party, a party shall promptly provide all the information necessary to determine whether the procurement was conducted fairly, impartially and in accordance with this chapter, including information on the characteristics of the successful bid and comparative advantages. In cases where the disclosure of the information would prejudice competition in future tenders, the party receiving such information, disclose their suppliers without consulting the party which provided the information, and without its consent. 2. non-disclosure of information regardless of the other provisions of this chapter, including its purchase of a party authority, did not provide specific information that suppliers could interfere with fair competition between suppliers. 3. Nothing in this chapter shall be construed that the requirement for a party, including its procurement authorities, authorities and review bodies, disclosing confidential information if its disclosure: a) to hinder law enforcement; (d)) would be detrimental to fair competition between suppliers, c) harm a specific person legitimate commercial interests, including intellectual property protection, or d) otherwise would be contrary to the public interest. 135. PANTSVietēj examination procedure 1. Each Party shall ensure timely, efficient, transparent and non-discriminatory administrative review procedures or proceedings in the Court in which the supplier with respect to a covered procurement, where the supplier is or has been known, can be a challenge: a) the provisions of this chapter, or (b) if the supplier is not entitled) directly challenging the infringements of the provisions of this chapter in accordance with the legislation of the party – the party's non-compliance with the measures that implement the provisions of this chapter. 2. any opposition procedure, subject to the provisions of paragraph 1 are laid down in writing and is generally available. 3. If the supplier in relation to the offer, which covered it is or has been known, complain about the fact that an infringement has been committed or not, as referred to in paragraph 1, the party to whom the procurement authority is purchasing, procurement authority and encourage the vendor to address these issues through consultations between themselves. Authority objective and timely consideration to any such complaint, without prejudice to the supplier's participation in current or subsequent purchase or its right to request corrective measures in accordance with the administrative review procedures or judicial review. 4. suppliers are given enough time to prepare and lodge a complaint, and it may in no case be less than ten days from the time when the basis of contestation or became known when it was supposed to be become known to the supplier. 5. each Party shall establish or designate at least one impartial institutions, from the purchase of independent administrative or judicial authority which receives and examines complaints of suppliers arising in the context of procurement covered. 6. If the original complaint structure which is not referred to in paragraph 5, the authority of the Party shall ensure that the supplier may challenge the initial decision of the neutral administrative or judicial authority that is independent from the authorities, the purchase of which is the subject of contestation. 7. Each Party shall ensure that the review body which is not a court decision can be reviewed in court, or follow procedures to ensure that: (a) procurement authority) written answer to the complaint and provide all the relevant documents to the review body; b) actors ("members") shall have the right to be heard before the review body has taken a decision on the complaint; c) members have the right to be represented and accompanied; (d) the members may participate in all) processes; e) participants have the right to request that the process should be made public and to participate in the witnesses, and f) review body time writing decisions or prepare recommendations and include an explanation justifying each decision or recommendation. 8. Each Party shall adopt or maintain procedures that: (a) provide immediate interim measures) that will keep the vendor the opportunity to participate in a procurement, and b) corrective measures or compensation for loss or damage, which may be limited to either the staging costs or costs associated with the opposition, or both of those costs, if the review body has found that the offence or default as referred to in paragraph 1. 9. immediate interim measures referred to in paragraph 8 (a)), the result can be stopped in the procurement process. Article 8 these procedures may provide that, in deciding whether such measures should be applied, take into account the overriding adverse consequences in relation to the interests concerned, including the public interest. The grounds for the application of measures provided in writing. 136. the scope of the implementing measures and amendments to the fixes 1. a party may propose an amendment to annex III or corrections elements that refer to that party. Amendment 2. If one of the Parties propose amendments, that party: (a)) shall inform the other party and (b) include in the notice of proposal) to the other party on the appropriate compensatory adjustments to maintain a level of coverage comparable to what it was before the changes. 3. Notwithstanding paragraph 2 (b)) a party need not provide compensatory adjustments, if: (a) the specific impact of the amendments) are small, or (b) the amendment concerns the structure), for which the party has actually lifted its control or influence. 4. considers that the other party has agreed to the changes, including 14 of this title. (settlement of disputes), 45 days unless the 2. point (a)) referred to the notification objects in writing that: (a)) in accordance with paragraph 2 (b)), the proposed adjustment is sufficient to maintain the mutually agreed scope comparable level; (b)) is a small amendment in accordance with paragraph 3 (a)), or (c) the amendment concerns the structure), for which the party has actually lifted its control or influence under paragraph 3 (b)). 5. the following corrections changes to annex III, part 1 to 3 are considered as amendments, provided they do not affect mutually in this chapter the agreed scope of application: (a) changes in the name of the unit); (b)) two or more units of the merger, those listed in in annex III of the same part, and (c) Unit split) into two or more units, provided that all of the new units are included in annex III of the same part that was listed in the original unit. 6. the party which proposes a revision, shall inform the other party every two years from the date on which the application of this sadaļu23. 7. a party may notify the other party of opposition to the proposed amendments 45 days referred to in paragraph 6 of the date of receipt of the notification. If the party objecting, it set out the reasons why it considers that the proposed amendment is intended to change that, and in paragraph 5 of the proposed amendment described the impact of this agreement on mutually agreed scope. If such objections are not filed in writing 45 days after the date of receipt of the notification, the party has agreed to the proposed amendments. Cooperation Committee 8. If the 4 and 7 points is not submitted within the time limit set in the reservations about proposed changes or corrections, the cooperation Committee is amended to reflect any changes or corrections. Change or amendment shall enter into force on the day following the day when the 4 and 7 above. 9. If changes or corrections to the proposed presentation of objections, the Liaison Committee discusses this issue. The cooperation Committee may decide to approve changes or corrections and to amend Annex III. 137. the transitional time of this chapter apply five years after the date on which the application of this section. In the case of goods listed in annex III, part 4, and services covered by Annex II, part 6, of this chapter apply eight years after the date on which the application of this section. 9.138. NODAĻAIZEJVIEL and energy in this chapter: (a) the definitions "inputs" is) the substances used in the manufacture of industrial products, excluding energy products, factory products or agricultural products, but including natural rubber, hides and skins, wood and wood pulp, silk, wool, cotton and other vegetable raw materials for textiles; (b)) "energy products", based on the World Customs Organization Harmonized Commodity Description and coding system (HS) and the combined nomenclature of the European Union, is natural gas, liquefied natural gas, liquefied petroleum gas (LPG) (HS 27.11), electricity (HS 27.16), crude oil and petroleum products (HS n ° 27.09 27.10 27.13-27.15-and) and coal and other solid fuels (HS-27.04 27.01); (c)) "partnership" is any entity that is a commercial body under the jurisdiction of any party, or in the side of the control, such as, but not limited to, company, trust, Association, joint venture, or general partnership; (d) "service provider") is a service provider as defined in article 40 q); e) "action" means a measure as defined in article 40 (a)); f) "transport" is the transmission and distribution of energy, the oil and oil products and natural gas high pressure transmission pipelines, high-voltage electricity transmission grids and lines, railways, road transport and other energy transportation means; g) "illegal usurpation" is the activity that creates the illegal misappropriation of energy from oil and oil products and natural gas high pressure transmission pipelines, high-voltage electricity transmission grids and lines, railway, road transport and other energy transportation; h) "emergency" means a situation that causes a significant disturbance or interruption of natural gas, oil or electricity supply between the European Union and the Republic of Kazakhstan, including transit deliveries through third countries or situations where there is an extremely high demand for energy products in the European Union or the Republic of Kazakhstan, and in such a situation, market measures are not enough and it is necessary to introduce additional non-market measures; I) "claim for the use of local resources" means: (i)) in the case of goods, the requirement for a company to buy or use domestic goods or goods originating from domestic sources, which indicate how certain products, the amount or value of the product or as part of the local production or values; II) for services — requirements, which limit the choice of the service provider or the service provided to the detriment of the other services or service providers; j) "public undertaking" means any undertaking engaged in commercial activities in respect of which the party central or territorial level directly or indirectly owns more than 50% of the undertaking's subscribed capital or votes related to the votes attaching to shares issued by the undertaking; k) "legal person" means any legal person as defined in article 40 (d)); l) "legal person of a party" means a legal person as defined in article 40 (e)). 139. PANTSCen control 1. Parties ' goal is to make the price of raw materials or energy supply to industrial users, if it is regulated by the Government, cover costs and ensure a reasonable profit. 2. If the price of raw materials or products sold on the domestic market, different from the same product export prices, the exporting Party shall at the request of the other party shall provide information on such a distinction, not including transportation costs and export taxes. 140. PANTSTirdzniecīb and export monopolies the parties does not save or does not create a monopoly of trade or the export of raw materials or products, except when the party used its priority (pre-emptive) the right to buy raw materials, dry gas and gold. 141. PANTSPiekļuv and the right to make hydrocarbons (crude oil and natural gas) search, exploration and extraction 1. Nothing in this Agreement shall not affect the full sovereignty of the parties under international law with respect to the hydrocarbon resources located in their territories and the hinterland, the archipelago and the waters, as well as their sovereign rights in the hydrocarbon resources in their exclusive economic zones and the continental shelf, exploration and exploitation. 2. the Parties shall retain their right to determine, within its territory, as well as the archipelago and in territorial waters, exclusive economic zone and continental shelf area, available of the activities of prospecting, exploring for and producing hydrocarbons. 3. in any case where it is assumed that in paragraph 2 the sovereign decision of the party, each Party shall ensure that the other companies are not discriminated against with regard to access and usage rights for hydrocarbons, exploration and production, provided that the undertaking concerned is established as a legal entity in the territory of the host Party, which grant access. 4. Each Party may require that an undertaking which has been granted permission of the activities of prospecting, exploring for and producing hydrocarbons, pay a fee or fees of the financial complex way. 5. the Parties shall take the necessary measures to ensure that the license or other authorization, the company obtained the right to carry out searches of hydrocarbons exploration and extraction, granted pursuant to the public notice procedure or by inviting Parties to potential applicants to submit applications. In particular, the communication indicates the license or other type of authorization, the geographical area in question and the proposed date or expiration of licence or other authorisation. Article 6, paragraph 3 to 5 are without prejudice to national company law to make hydrocarbons, exploration and extraction, engaging in direct negotiations with it. If such a State company decides to transfer all or part of their right to make hydrocarbons, exploration and extraction, 3 and 5 apply the obligations laid down in points. 7. Licensing terms and license permission procedure apply to 53. article. 142. PANTSNosacījum investment in raw materials and energy To encourage investment in raw materials and energy products, exploring for and producing, no party: a) does not maintain or adopt measures providing for local requirements that affect the other party's products, services, investors or investments, unless the Protocol on the accession of the Republic of Kazakhstan to the WTO and the GATS lists of the European Union and its Member States specific obligations not otherwise provided for; (b)) does not save or does not adopt measures which the company of the other party is obliged to transfer intellectual property rights or share with them to sell products or services or to make an investment in the territory of that party. The parties are not prohibited from agreeing on contracts with investors who are trying to get the right to search for raw materials and energy products, exploration and extraction, such agreements provide for a voluntary transfer, provided that it is done according to market conditions and the market price. 143. PANTSTranzīt 1. the Parties shall take all appropriate measures to facilitate the transit of energy products, which comply with the principle of freedom of transit and in accordance with the Energy Charter Treaty and of article 7, paragraph 3. 2. Each party, any entity that is controlled by or under the authority of the party, banning raw materials and energy products, located in in transit or being transported in the territory of the party, an illegal misappropriation, and take all appropriate measures to crack down on such illegal misappropriation. 144. PANTSPārtraukšan. 1 each Party shall take all feasible measures to ensure that the main power transit line or transmission pipeline and network operators: (a) reduce the transit and transport) accidental break, or stop the decline in risk; d) quickly restore the transit or the transport of such normal operation, if it was accidentally closed, reduced, or suspended. 2. the party through whose territory as a transit route to transport or during transit of energy products is made, or in the territory of which it is received and stored in the event of disagreement on any issue relating to the parties or to one or more entities that are controlled by or of a party jurisdiction, does not stop and does not reduce as well as not allowing its control or jurisdiction of the unit to stop or reduce such as transport/transit energy route for transit , transportation, receipt and storage, except where it specifically provided for in the contract or other agreement governing such as transport/transit energy route for transit, transportation, receipt and storage, before completion of the dispute settlement procedure pursuant to the contract or these sections in chapter 14 (settlement of disputes) of dispute settlement procedures laid down for in article 138 h) point defined in emergency situations. 3. a party shall not be liable for interruption or reduction, pursuant to this article, if that party is not able to deliver energy products and ensure their transit or transport of a third State or a third country or jurisdiction of the control unit operations. 145. PANTSPiekļuv is the high-voltage electricity transmission grids and lines 1. Each Party shall ensure that the other companies as legal persons established within the territory of the Party granting access to non-discriminatory access to the high-voltage electricity transmission grids and lines, in accordance with the following network and available power-lines, which are partly or fully owned by a party who is granted access, and this party regulate their activities. Access rights shall be granted on a fair and equal. 2. Application of the measures relating to the following transmission grids and lines, the Party shall ensure that the following principles are complied with: (a)) all legal and regulatory measures concerning access and transmission tariffs are completely transparent; (b) non-discriminatory measures) with regard to the origin of electricity produced on its territory and for the destination, and (c)) and the European Union of the Republic of Kazakhstan companies apply non-discriminatory the transmission rate. 146. PANTSElektroenerģij and gas regulatory authority 1. Each Party shall designate and authorize the regulatory authorities to regulate the electricity and gas markets in their respective territories. These regulatory bodies are legally and functionally independent from any other public authorities or market participants. 2. the decisions of the regulatory body and the procedures used are objective with respect to all market participants. 3. operators are affected by the decision of the regulatory body has the right to appeal against that decision of the appeal body. Where the appeal body is not independent of the parties involved or do not have judicial authority, the decisions of the appeal authorities can review the impartial and independent judicial authority. Decision the appeal authorities and judicial authorities provide a justification in writing. The Parties shall ensure that the appeal body or the Court, whichever is the last instance, the final decision is effectively executed. 147. PANTSAtjaunojam energy sector 1. This article shall apply to measures that could affect trade and investment between the parties in relation to energy production from renewable energy sources other than fossil resources, inter alia, wind, solar and hydro power, but not to products, of which this energy is obtained. 2. Each Party shall: (a)) shall refrain from maintaining or adopting measures required to form partnerships with local businesses, unless such a partnership is not considered necessary for technical reasons, and the party who maintains or adopts such measures, can prove the existence of such technical reasons, at the request of the other party; (b)) provides that all provisions concerning authorisation, certification and licensing procedures that are applied to particular equipment, plants and associated transmission infrastructure, are objective, transparent and non-arbitrary and does not discriminate against other applicants; (c)) provides that the administrative fees of the renewable energy sector, for example, paid by consumers, planners, architects, builders, installers and suppliers are transparent and can amount to the approximate cost of services rendered; (d)) provides that goods originating in the other party, or other supplier of imported goods the importation and the use of this section of Chapter 1 (trade) rules; e) ensure that the suppliers of the other party shall apply to the provision of services 53. Article; f) ensure that the rules and procedures for connection and access to the electricity transmission networks are transparent and non-discriminatory against suppliers of the other party or to renewable energy. The Parties shall ensure that the relevant to networks and market-related measures to reduce restrictions on electricity produced from renewable energy sources; g) abstain or keep: i) company of the other party to purchase or to use domestic products or products originating from such requirement set side any internal source, indicating how certain products, the amount or value of the product or as part of the local production or values; or (ii)) of the company or the purchase of imported goods to limit use to the amount corresponding to its local products to be exported to the amount or value. 3. where, for the equipment and systems intended for energy production from renewable and non-fossil sources, there are international or regional standards, these standards or relevant parts of it used as a basis for their technical regulations except when such international standards or relevant parts would be an ineffective or inappropriate means for legitimate objectives. For the purposes of this paragraph, the International Organization for Standardization ("ISO") and the International Electrotechnical Commission ("IEC") consider appropriate international standardisation bodies. 4. where appropriate, the Parties shall specify technical regulations based on product requirements, taking into account performance, including environmental performance rather than design or descriptive characteristics of the product. 5. Nothing in this article shall be construed so that it will prevent a party from adopting or applying measures that are required for the safe operation of the specific energy, security of supply, subject to the requirement that such measures are not applied in such a way that they cause arbitrary or unjustifiable mutual discrimination between the parties ' products, service providers or investors under the same conditions or disguised restrictions on trade or investment between the parties. 148. the raw materials and products PANTSSadarbīb area 1.204.208. Article, the parties agree to step up cooperation and mutual understanding between them of raw materials and products in the field of trade. 2. the parties recognise that the principles of transparency and non-discrimination, respect for the principle of not interfering, and trade rules are the best way to create a favourable environment for foreign direct investment and raw materials to the production of, and trade in energy products. More generally, this environment fosters the raw materials and energy-efficient distribution and use. 3. Cooperation and promoting mutual understanding apply to bilateral trade issues, as well as the international trade of consequential issues of common interest. The following issues are, for example, global market-trade, environment and development issues directly related to trade in raw materials and energy products, as well as corporate social responsibility, in accordance with internationally recognised standards such as the OECD guidelines for multinational enterprises and the OECD test guidelines properly. Cooperation and promoting mutual understanding including the data and the exchange of information on the legal framework of the raw materials and energy sectors. This provision shall not be interpreted so that the parties are obliged to provide any information, the disclosure of which it considers adverse to their security interests. 4. Either party may request ad hoc meetings in relation to the whole of the raw materials and products, or the ad hoc meeting on the issues of raw materials and of energy cooperation during the meetings of the Committee. Bilateral cooperation can be expanded where appropriate the relevant advanced or multilateral fora where the parties participating. 149. PANTSAgrīn-warning mechanism 1. Parties shall establish early warning mechanism for the adoption of practical measures to prevent and to respond quickly to emergencies or threats. 2. the Parties shall take measures to: (a)) the potential risks and problems associated with natural gas, oil or electricity supply and demand assessment and early b) prevent or quickly respond to emergencies or threats. 3. If either party becomes aware of an emergency situation or a situation that at the discretion of the party could lead to emergency situations, that party as soon as possible, inform the other party. 4. in applying this article, the parties agree that the responsible structures is a member of the European Commission responsible for energy, and Minister of the Republic of Kazakhstan, who is responsible for energy issues. 5. On receipt of the notification, the Parties shall provide each other, in the assessment of the situation. 6. Each Party may request consultations within three calendar days of the date of the notice for the purpose of: (a)) to develop common assessment of the situation; (b)) develop recommendations for the prevention of emergencies and emergency mitigation; (c)) to create a special monitoring group to, inter alia, monitor the energy flow of the affected infrastructure at appropriate points. 7. where appropriate, the Parties shall cooperate with third countries in order to prevent the risk of an emergency situation or overcome the emergency. 8. If the emergency situation persists, any party may initiate an extraordinary procedure of dispute settlement under the special mechanism provided for in chapter 14 of this section (dispute settlement). 9. Depending on the specific situation, the parties from the moment of that notification shall refrain from any actions that can deepen and reinforce the emergency. 10. Dispute settlement procedure under this agreement, the party may not specify or provide as evidence: a) the other hand fill positions or proposals, expressed through procedures in accordance with this article, or b) any other expression in relation to readiness to adopt emergency solutions mentioned in this article. 11. The cooperation Committee may, where appropriate, draw up detailed implementing rules for the application of this article. 150. PANTSIzņēmum 1. This chapter is without prejudice to any exceptions, reservations or restrictions provided for in the agreement. 2. This chapter shall not apply to research and development projects, demonstration projects, non-commercial purposes. 3. Nothing in this chapter shall be construed in a way that prevent a party from adopting or applying measures that are required for the safe operation of energy infrastructure, including the energy, transport and manufacturing equipment for the activities of national security or in the interests of public safety, as well as emergency prevention and response to them, subject to the requirement that such measures are not applied in such a way that they cause arbitrary or unjustifiable mutual discrimination between the products of the parties , service providers or investors under the same conditions or disguised restrictions on trade or investment between the parties. 10. NODAĻATIRDZNIECĪB and sustainable development 151. PANTSKontekst and target 1. the parties refer to the action plan "Agenda 21" adopted by the 1992 United Nations Conference on environment and development, the International Labour Organisation (ILO) 1998 Declaration on fundamental principles and rights at work, adopted in Johannesburg in 2002, the plan of implementation on sustainable development, the UN Economic and Social Council Ministerial Declaration of 2006 on full employment and decent work for all 2008, ILO Declaration on social justice for fair globalisation and the 2012 UN Conference on sustainable development the final document entitled "a future we want", which is included in the resolution 66/288, which the UN General Assembly adopted 27 July 2012. 2. the parties reaffirm their commitment to promoting the development of international trade so as to promote sustainable development in the current and next generations of prosperity. The Parties shall endeavour to ensure that this objective is included and reflected in trade relations at all levels. 152. PANTSDaudzpusēj standards and agreements in the field of the environment and employment 1. the parties recognise the international environmental management and the importance of the agreement, the international community in addressing global and regional environmental problems. 2. the parties recognise that full and productive employment and decent work for all is an essential element of sustainable development in all countries and the priority objective of international cooperation. 3. In that context, the parties reaffirm their commitment to effectively introduce in their legislation and in practice, the multilateral environmental agreements to which they are parties, and, consequently, the Member States of the European Union and the Republic of Kazakhstan ratified the ILO conventions. 153. PANTSRegulējum rights and protection levels 1. the parties recognise the right of each party to establish its own domestic environmental and labour protection and to adopt or modify their legislation and relevant policies in accordance with recognised international standards and agreements referred to in article 152. The objective of the parties is a high level of environmental and labour protection. 2. the parties recognise that it is not appropriate to encourage trade or investment by weakening or reducing the level of protection provided for in the working environment or of the parties law. 3. in order to encourage trade or investment, the party cannot derogate from its environmental and labour legislation, effective implementation or by making long-term or regular activities or without them, effective not to implement those provisions. 154. the development of the PANTSIlgtspējīg trade and investment 1. the parties reaffirm commitment to improving marketing investment in sustainable development goals in the economic, social and environmental. Accordingly, they agree to promote: (a)) trade and investment in environmental goods and services and climate favoured products and technologies; (b) sustainability assurance schemes), such as fair and ethical trade or eco-labels, and c) corporate social responsibility practices. 2. the Parties shall exchange information and experiences for their activities, to promote coherence and mutual support between trade, social and environmental objectives. In addition, the Parties shall encourage cooperation and dialogue on sustainable development issues, which may arise in connection with their trade relations, including on relevant aspects are set out in title IV (Economic Cooperation and sustainable development). 3. In paragraph 2 of this article in that cooperation and dialogue involving relevant stakeholders, in particular social partners and other civil society organizations, with the cooperation of civil society, established in accordance with Article 251. 4. The cooperation Committee may adopt rules for such cooperation and dialogue. 155. the settlement of disputes PANTSDomstarpīb under this chapter shall not apply to this section 14 of Chapter 3. subsection 2 of section (dispute settlement). Any such case of dispute after the Court of arbitration has adopted its final report in accordance with article 180 and 182., the parties, having regard to the report, consult the appropriate measures to be implemented. The cooperation Committee shall monitor the implementation of any such measures, and regularly dealing with the matter, including through 154. 3. the mechanism referred to in paragraph 1. 11. the PANTSPrincip of NODAĻAKONKURENC 156. Parties recognize that their trade relations, the importance of free and undistorted competition. The parties confirm that anti-competitive business practices and State interference (including subsidies) can potentially interfere with the proper functioning of the market and in general reduce the benefits of trade liberalization. Article 157 acts in the area of anti-trust and merger and their implementation 1. Each Party shall apply in its territory a comprehensive competition law, which effectively directed against anti-competitive agreements, concerted practices and anti-competitive unilateral conduct of companies with dominant market power and merger achieved effective control. 2. Each Party shall ensure independent authorities responsible for competition law, effective implementation, as referred to in paragraph 1, and are adequately equipped. 3. the parties recognise the importance of their respective competition laws transparent and non-discriminatory application, subject to procedural justice and business principles of the rights of the defence. 158. the National monopolies, State enterprises and undertakings granted special or exclusive rights or privileges 1. Nothing in this chapter shall prevent a party to establish or maintain national monopolies or State enterprises or companies be granted special or exclusive rights or privileges under the laws of the party. 2. in the case of State monopolies, public undertakings and undertakings granted special or exclusive rights or privileges which are involved in commercial activities, each Party shall ensure that the following undertakings referred to in article 157 shall apply competition laws. The application of the This chapter, the economic activity is the offering of goods and services on the market. It does not include the activities carried out within the powers of the State, namely, actions that do not take place not on a commercial basis, nor in competition with one or more operators. 3. for the application of competition law, as referred to in article 157, should not be legally or actually create obstacles to the companies concerned to make the performance of specific tasks in the public interest. Exceptions should be limited and transparent. Trade and investment should not be affected to such an extent that it could compromise the objectives of this agreement. 159. PANTSSubsīdij. 1 of this article, the "subsidy" is a measure that corresponds to article 1 of the SCM Agreement terms regardless of whether it granted the company the production of goods or the provision of services, and it is a special event that agreement within the meaning of article 2. 2. Each Party shall ensure transparency in the granting of subsidies. For that purpose, two years after the date on which the application of this section, each Party shall provide the other party with a report on the legal basis, including the policy goals or objectives, the granting of the subsidy period or any other period, the type and, if possible, the Government or a public body or the amount of subsidy allocated budget and the receiver. Such a report shall be deemed to have been filed if the corresponding information in the publicly accessible Web site or communicated through the WTO notification mechanism. 3. If a party considers that the other party is granted subsidy for negatively affects its interests, the first party may request consultations on this issue. The requested Party shall duly consider such a request. In particular, the consultations should aim at subsidies policy target, specifying whether a subsidy is the incentive effect and whether it is the samērīga24, and any measure specifying that the requesting party has made possible the distorting effects on trade and investment. 4. to facilitate the discussions, the requested Party shall provide information on specific grants not later than 90 days from the receipt of the request. If the requesting party, received information about a particular grant, believes that a specific subsidy in the form of disproportionate negative affect or may adversely affect the requesting party's trade or investment interests, the requested Party shall make every effort to eliminate the subsidies given the negative impact on the requesting party's trade or investment interests. Article 5, paragraph 3 and 4 shall not apply to subsidies related to fisheries and trade in goods that are subject to the WTO agreement on agriculture in annex 1. 160. PANTSDomstarpīb resolution of this section of Chapter 14 (settlement of disputes) shall not apply to article 156 to 158 and article 159 3. and 4. 161. the WTO PANTSAttiecīb the provisions of this chapter are without prejudice to the rights and obligations of the parties under the WTO agreement, the SCM Agreement, and in particular the understanding on rules and procedures governing the settlement of disputes. 162. the confidentiality of the information exchanged in accordance with this chapter, the Parties shall take account of the limits laid down in accordance with the professional and business secrecy. 12. the NODAĻAVALST company, the State controlled companies and undertakings granted special or exclusive rights or privileges 163. Definitions in this chapter: (a)) "public undertaking" means any undertaking engaged in commercial activities in which the party central or territorial level owns more than 50% of the undertaking's subscribed capital, votes attaching to shares issued by the undertaking; (d)), "State-controlled undertaking ' means any undertaking engaged in commercial activities in respect of which the party central or territorial level or implemented it directly or indirectly exercising a decisive influence through its financial involvement in the company or its operating rules or practices, or any other means such a decisive influence. On the one hand a decisive impact considers the situation when a party directly or indirectly can appoint more than half the company's administrative, management or supervisory body of the members; (c)) "undertaking granted special or exclusive rights or privileges" means any public or private company involved in the business, having a party central or territorial level in law or in fact has granted special or exclusive rights or privileges. The following rights or privileges may also include the right to act as a reseller, service provider or other intermediary for the purchase or sale of goods or services provided or received. Undertakings granted special or exclusive rights or privileges are also involved in the business monopolies; (d)) "monopoly" are involved in commercial activities, including the Consortium, which in the territory of one of the parties in the relevant market in Central or territorial level is defined as the sole supplier of the goods or services or the buyer, but does not include a unit that has been granted an exclusive intellectual property rights just based on this allocation; e) "special rights" means rights that the central or territorial level party has granted a small number of companies in a particular geographical area or market products or services, which is significantly limited the ability of any other undertaking to carry out its activities in the same geographical area under substantially equivalent conditions. The granting of a licence or permit a small number of companies, limited resource distribution conditions, using objective, proportionate and non-discriminatory criteria, is not in itself be considered as a special law; f) "non-discrimination" is a national treatment or most-favoured-nation "treatment" as set out in this agreement and depending on which one of the following modes is better; g) "in accordance with commercial considerations" means in accordance with the usual private company business practices, who operate within the principles of the market economy in international trade; h) "fix" means create or authorize a monopoly or in law or in fact, to extend the scope of the monopoly. 164. the scope of the Actions 1. The parties confirm their rights and obligations under the GATT 1994 article XVII, paragraph 3, to the agreement of the GATT 1994, the interpretation of article XVII, as well as in accordance with GATS Article VIII, 1., 2. and (5) and the Protocol on the accession of the Republic of Kazakhstan to the WTO Department of public enterprises and State-controlled enterprises, and undertakings with special and exclusive privileges, these rules are hereby incorporated in this agreement and become an integral part of, and should be applied. 2. This chapter does not apply to "covered procurement" by the party or its procurement authority within the meaning of article 120. 3. This chapter shall apply to all the economic activities covered by this agreement. Services that are not mentioned in the party's list of specific commitments to the GATS does not apply to the 166 and 167 article. 165. Article 1 without prejudice to the rights and obligations of the parties under this chapter, nothing in this chapter shall prevent a party to establish or maintain a national or State controlled companies or to fix or maintain a monopoly, or grant companies special or exclusive rights or privileges. 2. If the company is within the scope of this chapter, the parties may require or encourage such companies to act in a way that is contrary to this agreement. 166. PANTSDiskriminācij ban If article 142 or any part of the list of specific commitments to the GATS or of any party to the disclaimer in relation to national treatment in annex I provides otherwise, each party, within its territory, ensure that any company that complies with 163. and (c)) the conditions of paragraph (d)), buying or selling goods or services, shall provide non-discriminatory treatment between the other party and/or services of the other party or service provider. 167. PANTSKomerciāl considerations except when the purpose to be achieved, for example, the obligation to provide public services, which granted special or exclusive rights or privileges, or where a State enterprise or State-controlled companies must fulfil its public mandate, and provided that such undertaking this objective or in the execution of these powers corresponds to article 166 and Chapter 11 (competition) rules, each Party shall ensure that every company referred to in article 163 (a) to (d))), buying and selling goods and services, in accordance with the relevant territory accepted commercial considerations, including price, quality, availability, sales opportunities, transportation and other conditions of purchase or sale, it also applies to cases where the goods or services are provided for the contributions of the other party, or the investor, or provide other investment or investor. 168. PANTSCen-where different prices in different markets or in the same market, where such differences are based on normal commercial considerations, such as the relationship of supply and demand, such a practice is not in itself contrary to the 166 and 167.. article. 169. PANTSKorporatīv management 1. the Parties shall ensure that companies as referred to in article 163 (a) to (d)),) respect high standards for transparency and the management of the company in accordance with the 2005 OECD guidelines on corporate governance of State-owned enterprises. Corporate governance policy development undertakings referred to in article 163 (a) to (d)), in paragraph) should be carried out in accordance with those guidelines. 2. Each Party shall ensure that the administrative structure, which is responsible for the undertaking, referred to in article 163 (a) to (d))), management, is legally separate and functionally independent of the companies referred to in article 163 (a) to (d)), and not them) accountable. 3. Each Party shall ensure the laws consistent and non-discriminatory implementation of all management levels as a central, local, and including the companies referred to in article 163 (a) to (d)).) The exceptions are limited and transparent. 170. the exchange of Information 1. Party which has reason to believe that its interests under this Agreement shall not affect the other company or companies referred to in article 163 (a) to (d)),) operation, may request the other party to provide information on its activities related to compliance with the provisions of this agreement. Such information may include institutional, corporate and financial information. 2. each Party shall, at the request of the other party shall provide information on specific undertakings as referred to in article 163 (a) to (d)) and paragraph) which are not considered small and medium-sized enterprises, as defined in the request received by the parties law. The following information in the request specifies the company, products or services and the relevant market, and includes an indication that the company engages in activities that hinder trade or investment between the parties. 3. each Party shall, at the request of the other party shall provide information on the exemptions, the inadequate measures, immunities and other measures, including more favourable treatment applied by the requested Party for any business referred to in article 163 (a) to (d)).) 4. paragraph 1 to paragraph 3 does not require that one of the parties disclosing confidential information which would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial specific business interests. 13. Article 1 of the NODAĻAPĀRREDZAMĪB 171. each Party shall promptly respond to all other requests for specific information on any of its measures of general application or international agreements relating to this section or to affect it. Each Party shall also be provided in one or more contact points that the other interested parties, on request, provide specific information on all these jautājumiem25. The Parties shall notify each other of such information points within three months after the date of application of this section. Information points not to be the depositary of the laws. 2. all the parties ' laws, decrees, decisions, and generally applicable to administrative decisions relating to or affecting any matter governed by this section are published promptly in such a manner that meets the requirements of the WTO agreement, including the GATT 1994, article X of the GATS Article III and article 63 of the TRIPS Agreement. The Parties shall regularly update the published resources, including Web sites that list the following measures and make these resources readily available to interested parties. The following event information is available, as long as they are valid and reasonable period of time after they are no longer in force. 3. the parties all laws, decrees, decisions and generally applicable administrative ruling relating to or affecting any matter governed by this section shall be published prior to their adoption. The Parties shall provide for a reasonable period which shall normally not exceed 30 calendar days for interested parties to provide feedback to the responsible authorities, before the measure is completed or submitted to the authorities responsible for its adoption. All feedback received during the period intended to provide it, will be considered. 4. None of the Parties Act, Decree, decision, and generally applicable administrative ruling relating to or affecting any matter governed by this section, shall not enter into force before it is not published. 5. nothing in this agreement, none of the parties will be required to provide the confidential information, the disclosure of which would impede law enforcement or otherwise be contrary to the public interest or would prejudice a particular public or private enterprises legitimate commercial interests. 6. Article 55 of the agreement shall apply, having regard to the provisions of this chapter. 14. resolution NODAĻADOMSTARPĪB 1. IEDAĻAMĒRĶ and the scope of this chapter 172. PANTSMērķ aims to identify effective and appropriate mechanism to prevent and resolve any dispute between the parties concerning the interpretation and application of this agreement, with the aim of finding if it is possible, mutually agreed solution. 173. the scope of the implementing measures of this chapter shall apply to all disputes regarding the interpretation and application of this chapter, unless expressly provided otherwise. 2. IEDAĻAAPSPRIEŠAN and. PANTSApspriešan 174-mediation 1. Parties shall endeavour to resolve any dispute referred to in article 173, in good faith starting consultations with the aim of achieving a mutually agreed solution. 2. the Party proposes consultation by submitting a written request to the other party, a copy of which shall be submitted to the cooperation Committee, specifying the measures and considered 173 the provisions referred to in the article, which, in the opinion of either party, shall be applicable. 3. a party who has filed the request, respond to a request to hold consultations in ten days after the date of receipt, unless otherwise provided in this agreement or otherwise agreed by the parties. 4. Consultation tool for 30 days from the date of receipt of the request, and it takes place in the territory of the respondent, unless the parties agree otherwise. Consultations shall be complete within 30 days of the date of receipt of the request, unless both parties agree to continue. Consultation and in particular all information disclosed during its operation, and the positions taken by the parties is confidential and does not prejudice the rights of either party in any future proceedings. 5. Consultations on urgent issues be considered complete within 15 days from the date on which the respondent party receives the request, unless both parties agree to continue. 6. If the respondent party to the request to hold a consultation reply within ten days of its receipt, or if the consultation does not take place in the 3 or 4 of this article, the periods laid down in paragraph, or if the parties agree not to hold consultations or if consultations are completed, the agreement on a mutually agreed solution, the party having requested the consultations may use article 176. 7. The consultation, each Party shall provide sufficient factual material to enable fully to assess the way in which the measure in question is likely to affect the operation and application of this agreement. 8. If the consultations relates to an emergency situation as defined in article 138 (h)), it shall be deemed to be completed within five working days from the day of receipt of the request to hold consultations, unless the parties agree otherwise. 175. PANTSMediācij any party in accordance with annex VII, may request that the other party involved in the mediation procedure concerning a measure which adversely affects trade or investment between the parties. 3. the procedures for the settlement of IEDAĻADOMSTARPĪB 1. APAKŠIEDAĻAŠĶĪRĒJTIES procedure PANTSŠķīrējties procedure 176. getting started 1. If the parties have not resolved their differences through consultation, as provided for in the 174. in the article, the party which requested the consultations may be requested to create an arbitration in accordance with this article. 2. the request to submit written requests for arbitration to the other party and to the cooperation Committee. The claimant party shall indicate in the request and of the measures in question in a way that adequately reflects the legal basis of the complaint, explains why such a measure is contrary to the provisions referred to in article 173. 177. establishment of 1 PANTSŠķīrējties. The arbitral tribunal shall be composed of three arbitrators. 2. the Parties shall, within ten days after the written request for the establishment of the arbitration filing respondent party shall consult in order to reach agreement on the composition of the arbitral tribunal. 3. If the parties do not agree on the composition of the arbitral tribunal in paragraph 2 of this article within the time limits, each party within five days after the paragraph 2 of this article, the time limit laid down in the end can appoint an arbitrator from the list of your part, established in accordance with article 196. If one of the parties has not appointed an arbitrator, at the request of either party, the Chairman of the cooperation Committee or authorised person shall designate an arbitrator from that list the parts of the parties established pursuant to article 196. 4. Unless the parties have reached a consensus on the Chairman of the Arbitration Board in paragraph 2 of this article, within the time limit set by the Chairman of the cooperation Committee or its authorized person, at the request of either party, designate the President of the Tribunal of the list established in accordance with the 196. article. 5. the Chairman of the cooperation Committee or its an authorised person shall designate the arbitrators within five days from the one referred to in paragraph 3, the parties submitted the request. 6. the establishment of Arbitration day is the last day, when all three arbitrators chosen have agreed to the designation in accordance with the rules of procedure in annex V. 7. If, at the time when the request is submitted in accordance with paragraph 3 and 4. the point, some of the 196 lists provided for in article not created or it is not a sufficient number of arbitrators chosen words by drawing lots from a list of persons who have been officially proposed by one or both of the parties. 8. Unless otherwise agreed between the parties in relation to the parties ' dispute about an emergency situation as defined in article 138 (h)), paragraph 3 of this article the second sentence and paragraph 4 shall apply without the application of paragraph 2 of this article, and in paragraph 5 of this article, the period is laid down for two days. 178. PANTSPrejudiciāl judgment on the urgency of the request of one of the parties, the Tribunal shall be ten days after its creation, adopt a preliminary ruling on whether it deems the case to be urgent. 179. PANTSSamierināšan-urgent energy in case of a dispute relating to the dispute 1 on emergency situations defined in 138. Article h), any party may request the President of the Tribunal to be a conciliator in respect of any matter relating to the dispute by submitting a request for arbitration. 2. The conciliator shall endeavour to reach agreement on a solution to the dispute, or try to reach an agreement on the procedure for such a solution. If, within 15 days of the date of appointment of the conciliator failed to reach such an agreement, it proposes a solution to the dispute or a procedure to achieve such resolution and shall decide on the rules to be followed from a date to be fixed by him until the dispute is settled. 3. the parties and their control or jurisdiction of the unit followed in accordance with paragraph 2 of the proposed rules for three months from the date of adoption of the decision of the conciliator or until the settlement of the dispute, whichever is earlier. 4. The arbitrators and Conciliators shall follow the code of conduct for mediators in annex VI. 180. PANTSŠķīrējties reports 1. Arbitration shall be submitted to the parties an interim report in which it outlines the findings, the applicability of relevant provisions and the findings and recommendations made to the main grounds. 2. each Party shall, within 14 days after receipt of the report can be submitted to the arbitration request in writing to review specific aspects of the interim report. 3. After hearing the parties ' written notes in connection with the interim report, the Tribunal may amend the interim report and conduct a follow-up inspection at their discretion. 4. Arbitration the final report sets out the findings, the provisions referred to in article 173 of the applicability and the arbitration award of the main conclusions and recommendations. The final report reflects the stage of the interim report mentioned an argument sufficient consultation and provide clear answers to the questions and comments of the parties. 181. the interim report PANTSŠķīrējties 1. The Tribunal shall give the parties an interim report and the cooperation Committee not later than 90 days after the date of creation of the Arbitration Board. If the Tribunal considers that this deadline cannot be met, the Chairperson of the Arbitration Board shall in writing notify the parties and the cooperation Committee, giving the reasons for the delay and the date on which the Tribunal intends to provide an interim report. Interim report does not in any case should not be made later than 120 days after the date of creation of the Arbitration Board. 2. In cases of urgency, the Tribunal makes every effort to provide your interim report 45 days and in any event not later than 60 days after the date of creation of the Arbitration Board. Each Party shall, within seven days of the delivery of the message can submit a written request to the Tribunal to review specific aspects of the interim report in accordance with paragraph 2 of article 180. 3. with regard to the parties ' dispute about an emergency situation as defined in article 138 (h)), the interim report shall, within 20 days after the establishment of the Tribunal, and any request in accordance with paragraph 2 of article 180 shall be submitted within five days after the delivery of the interim report. The Tribunal may also decide not to provide an interim report. 182. PANTSŠķīrējties-final report 1. The Tribunal shall deliver its final report to the parties and the cooperation Committee 120 days from the date of creation of the Arbitration Board. If the Tribunal considers that this deadline cannot be met, the Chairperson of the Arbitration Board shall in writing notify the parties and the cooperation Committee, giving the reasons for the delay and the date on which the Tribunal intends to provide a final report. The final report does not in any case should not be made later than 150 days after the date of creation of the Arbitration Board. 2. in urgent cases the Tribunal makes every effort to provide its report within 60 days of the date of creation of the Arbitration Board. The final report does not in any case should not be made later than 75 days after the date of creation of the Arbitration Board. 3. in relation to disputes regarding emergency situations defined in 138. (h) of article), the Tribunal shall provide a final report within 40 days after the establishment of the Tribunal. 2. the APAKŠIEDAĻAIZPILD PANTSŠķīrējties the final report 183. observance of the defending party shall take all necessary measures to promptly and in good faith comply with the Tribunal's final report. 184. in respect of the period 1 PANTSSaprātīg. If immediate compliance is not possible, the Parties shall endeavour to agree on a time-limit within which to achieve compliance with the final report. In this case, the respondent party shall, no later than 30 days after receipt of the final report of the arbitral tribunal shall provide to the applicant party and Cooperation Committee about how much time it will need to comply with the report (the "reasonable period"). 2. If there is disagreement between the Pu for reasonable period of time, the claimant party within 20 days after this article referred to in paragraph 1, the notification can be requested in writing to the Tribunal, originally set up in accordance with article 177 ("the original composition of the arbitral tribunal") shall be determined within a reasonable time. Such request shall be submitted simultaneously to the other party and to the cooperation Committee. The Tribunal shall deliver its report to the parties and the cooperation Committee within 20 days from the receipt of the request. 3. the defendant shall notify the applicant in writing of the party party of the progress made, the final report of the arbitral tribunal. This notification shall be submitted in writing at least one month before the expiry of the reasonable period. 4. the parties may, by mutual agreement, to extend the reasonable period of time. 185. PANTSJebkur the review of measures taken in respect of the final report of the arbitral tribunal 1. Respondent party shall notify to the applicant party and Cooperation Committee all measures it has taken in the final report of the arbitral tribunal. This notification shall be made within a reasonable time before the end. 2. If the parties are in disagreement as to whether, in accordance with paragraph 1 of this article announced the measure exists or satisfies the provisions referred to in article 173, the applicant party may make a written request to the Tribunal to decide that the original composition in question. This request indicates that the measures in question and the specific way that reflects enough legal basis of the complaint, explains why such a measure is contrary to the provisions referred to in article 173. The Tribunal shall deliver its report to the parties and the cooperation Committee 45 days from receipt of the request. 186. PANTSPagaid of legal remedies in the event of failure 1. If the defending party to end within a reasonable time notify the measures taken to comply with the Tribunal's final report, or if the arbitral tribunal decides that measures have been taken, or that, in accordance with article 185 (1) of the notified measure is not compatible with that party's obligations under article 173 of the rules, the defending party offer compensation if requested by the applicant party, and following consultation with the applicant. 2. If the claimant party decides not to claim compensation under paragraph 1 of this article or, in the case of submission of the application if an agreement on compensation is reached within 30 days of the end of, or within a reasonable time after the reporting of the arbitral tribunal in accordance with article 185, paragraph 2, the applicant party may, by notice to the other party and to the cooperation Committee, to take appropriate measures at the level equivalent to the nullification of the infringement induced or kaitējumam26. The notification shall specify the following measures. The applicant party may implement measures at any time after the expiry of the period of ten days from the date on which the respondent party has received the notification, unless the defending party has requested to look into the matter to arbitration under paragraph 3 of this article. 3. If the respondent party considers that the appropriate measures are not at a level that is equivalent to the nullification of the infringement or the injury caused by that injury, that party does not fulfil its obligations under article 173 of the rules, the defending party may make a written request to the Tribunal as originally constituted to decide this question. For such a request before that paragraph 2 of article 10 referred to in day period, notifies the applicant party and Cooperation Committee. The initial composition of the arbitral tribunal within 30 days of the date of the application, provide the parties and the cooperation Committee its report on the applicant party of the measures notified. The applicant party shall implement the measures notified, while the original composition of the arbitral tribunal has not issued the alert. Following the submission of the report the implementation measure is compatible with the report of the Tribunal. 4. the applicant party of the measures taken and the compensation provided for in this article is temporary and does not apply), after: (a) the parties have agreed on mutually agreed solution in accordance with 191. the article, (b)) the parties have agreed that, in accordance with article 185 (1) of the notified measure would ensure that the defending party meets 173. provisions referred to in article, or c) for which any measures that the Tribunal, in accordance with article 185, paragraph 2, are finding that it is incompatible with the provisions referred to in article 173, is withdrawn or amended so as to conform to those rules. 187. PANTSJebkur the review of measures carried out for the purposes of compliance with the following provisional remedies on failure 1. Respondent party shall notify the applicant and the Party Committee of cooperation measures it has taken to comply with the Tribunal's final report at the request of refund or, where applicable, according to the applicant the appropriate party activities, pursuant to article 186. The exception in paragraph 2 of this article means the claimant party interrupted the event within the 30 days following the receipt of the notification. In cases where compensation is appropriate, and except for 2 of this article. the cases referred to in paragraph 1, the defending party may terminate the application of such compensation within 30 days of receipt of the notification that it has complied with the Tribunal's final report. 2. If the parties do not agree on whether the defending party has followed the Tribunal's final report within 30 days following receipt of the notification in accordance with paragraph 1 of this article, the claimant party shall submit a written request to the Tribunal as originally constituted to decide this question. Such request shall be submitted simultaneously to the other party and to the cooperation Committee. The report of the Tribunal submitted to the parties and the cooperation Committee 45 days after the date of the application. If the Tribunal decides that the defending party has followed the Tribunal's final report, the applicant party stopped the appropriate measures taken in accordance with article 186, or, where appropriate, the defending party stops payment of compensation. If the Tribunal decides that the defending party is still not fully complied with the Tribunal's final report, compensation or appropriate measures adopted pursuant to article 186, adjusted accordingly, taking into account the report of the Tribunal. Article 188 remedies urgent energy in the event of a dispute, the parties ' 1. in respect of disputes on emergency situations defined in article 138 (h)), shall apply to this article. 2. By way of derogation from 184, 185 and 186..., the applicant party may take appropriate measures at the level equivalent to the nullification of the infringement caused or injury caused by a party that failed to comply with the Tribunal's final report 15 days from its notification. These measures shall enter into force immediately. Such measures may be maintained so long as the defendant party failed to comply with the Tribunal's final report. 3. If the defending party oppose the message of the fact or the applicant party or proportionality of the measure in conformity with the message, it may initiate a procedure under paragraph 3 of article 186 and 187 of the article dealt with expeditiously. The applicant party shall have the obligation to cancel or adjust the measures only after the Tribunal has given its ruling on the matter, and it can save steps throughout the procedure. 3.189. APAKŠIEDAĻAVISPĀRĪG rules PANTSŠķīrējtiesneš substitution if the arbitration process in accordance with the provisions of this chapter, the original composition of the arbitral tribunal or the arbitrator may not take part in the process, your nomination or reference should be replaced, because it is not noticed in annex VI of the code of conduct requirements, apply the procedure laid down in article 177. The deadline for the provision of the report of the Tribunal be extended by the time required for the appointment of a new arbitrator, but not longer than 20 days. 190. PANTSŠķīrējties suspension and termination of the process and compliance procedures At the request of both parties, the Tribunal shall suspend work at any time for a period agreed by the parties and not exceeding 12 consecutive months. The Tribunal resumes before the end of this period, if they make a request in writing by both parties, or at the end of this period, if they make a request in writing by any of the parties. The requesting Party shall inform the Chairman of the cooperation Committee and the other party. If none of the parties asked to resume the work of the Tribunal agreed at the end of the period of suspension, the procedure is terminated. The arbitration work suspension and termination does not affect the right of parties to participate in other proceedings, pursuant to article 197. 191. Mutual agreed solution, the parties may, at any time in accordance with this chapter may be achieved by mutually agreed solution to the dispute. Its common for each of the following solution declares the cooperation Committee and, where appropriate, the Chairman of the Arbitration Board. If the solution requires, subject to the approval of one of the parties respective internal procedures, notification of this requirement, and the dispute settlement procedure shall be suspended. If such confirmation is not required or if it is notified of the completion of that internal procedures, dispute settlement procedure shall be terminated. 192. PANTSReglament. 1 in the dispute settlement procedures under this chapter shall be governed by the rules of procedure in annex V and annex VI of the code of conduct. 2. The hearing shall be public, unless the rules of procedure contained in annex V, unless otherwise specified. 193. the Information and technical advice at the request of a party or on its own initiative, the arbitral tribunal may require any information which it considers necessary for the arbitration process, from any source, including the parties to the dispute. The Tribunal shall have the right at its discretion to ask the views of experts. Before the designation of experts shall enter into consultation with the parties to the arbitration. Natural or legal persons established in the territory of a party to the arbitration may submit amicus curiae briefs in accordance with the rules of procedure in annex V. In accordance with this article, the information obtained is communicated to each party, giving them the opportunity to comment. 194. PANTSInterpretācij Any arbitration provisions interpreted the provisions referred to in article 173. in accordance with the usual interpretation of public international law provisions, including those codified in the 1969 Vienna Convention on the law of treaties. The Tribunal also takes into account the interpretation of WTO arbitration and appellate body reports adopted by the WTO dispute settlement Board (the "DIP"). The Tribunal reports does not extend or limit the rights and obligations of the parties under this agreement. 195. PANTSŠķīrējties decisions and reports 1. Arbitration discussions are private. The Tribunal makes every effort to make every decision by consensus. However, if a decision cannot be accepted by consensus, the matter shall be settled by a majority vote. The different opinions of the arbitrators shall in no case be made public. 2. the report shall be drawn up of the arbitral tribunal without the presence of the parties. The report sets out the findings, the relevant provisions referred to in article 173 of the applicability and the arbitration award of the main conclusions and recommendations. 3. Arbitration the parties recognize the unconditional messages. They do not create rights or impose obligations of natural or legal persons. 4. the parties arbitration reports made available to the public, while respecting confidential information requirements laid down in annex V to the rules of procedure of the Arbitration Board. 4. rules 196. PANTSŠķīrējtiesneš IEDAĻAVISPĀRĪG lists 1. Cooperation Committee, on the basis of proposals prepared by the parties, no later than six months after the date of entry into force of this agreement creates at least 15 list of persons who are willing and able to be on the arbitrators. The list consists of three parts: one part to each of the parties concerned and the third part – the list of persons who are not nationals of one of the parties, and may be the Chairman of the arbitral tribunal. Each part of the list includes at least five persons. The cooperation Committee shall ensure that the list is always the number of the person. 2. The arbitrators have expertise or experience in law and international trade. They are independent, act independently and take instructions from the organization or the Government, they are not related to the Governments and the parties to comply with the code of conduct in annex VI. 3. the cooperation Committee may establish an additional list of 15 persons with knowledge and experience in specific fields covered by this agreement. Based on the agreement of the parties, the following additional lists are used to create arbitration in accordance with the procedure laid down in article 177. 197. PANTSSaistīb with WTO obligations 1. Right to use the provisions of this section on dispute resolution does not prejudice any action in the WTO framework, including dispute settlement action. 2. However, for any given action party cannot turn in both fora on the issue of the failure to fulfil this obligation, which in accordance with this agreement and the WTO agreement are exactly the same. In this case, as soon as you have started the process of settlement of the dispute, the party submitted a second court action for failure to fulfil an obligation equivalent to that under the other forum, except if the first selected court procedural or legal reasons it is not possible to draw conclusions about the requirement that this obligation is not fulfilled. 3. for the purposes of this article: (a)) of the dispute settlement procedures under the WTO agreement considers a process underway, requiring one party to create the composition of the arbitral tribunal under the WTO understanding on rules and procedures governing the settlement of disputes, article 6; (b) the dispute resolution procedure) in accordance with this chapter shall be considered to be a process that started, one party requesting arbitration, create in accordance with point 1 of article 176. 4. Nothing in this Agreement shall prevent a party from implementing the suspension of duties authorized by the DIP. Do not use the WTO agreement to prevent either party from applying provisional remedies in relation to an infringement under this chapter. 198. PANTSTermiņ 1. All time limits laid down in this chapter, including the arbitration deadline for reporting the number of calendar days, and the first day is the day when the action or fact to which they relate, unless otherwise specified. 2. Any time limit referred to in this chapter may change, the parties to the dispute by agreement. The Tribunal may at any time propose to amend any of the parties, the time limits referred to in this chapter, stating the reasons for this proposal. SADAĻASADARBĪB IV's economic and sustainable development NODAĻADIALOG 1 on economic matters article 199 parties respected the principle of free market economy, providing a stable macroeconomic policies, and develop and strengthen regular dialogue on economic issues, the aim of which is to expand and deepen mutually beneficial economic links, as well as sustainable development and economic growth. 200. Article parties regularly review the status of bilateral cooperation and regular exchange of information, knowledge and best practices in economic policy, the economic and financial development and statistics. 2. NODAĻASADARBĪB management of public finances, including public sector audit and internal control article 201. Parties shall cooperate in the field of public financial management, including public sector audit and internal control, with the aim to further develop sustainable public financial management system, which complies with the principles of economy, efficiency and effectiveness, as well as the principles of transparency and accountability. Cooperation shall include: a) acceptable and generally recognized international standards, as well as promote convergence with the European Union's best practice in this field; b) exchange of information and experience in this field. 3. NODAĻASADARBĪB in the field of taxation, article 202 the parties seek to improve international cooperation in the field of taxation, in particular by promoting legitimate tax revenue collection by developing measures in accordance with international standards in order effectively to implement the principles of good governance in the tax area, including transparency and the exchange of information. The Parties shall strengthen dialogue and exchange of experience, in order to prevent tax measures with harmful consequences. 4. Article 203 of the NODAĻASTATISTIK parties shall encourage statistical methods and practices, including the collection and dissemination of statistics, harmonisation. Statistical cooperation is focused on knowledge sharing, best practices and promoting the UN fundamental principles of official statistics and the European statistics code of practice. The contribution of the European Union for this purpose is the provision of technical assistance to the Republic of Kazakhstan. 5. NODAĻASADARBĪB energy article 204, the parties undertake to continue and strengthen cooperation in the field of energy with the aim of improving energy security, efficiency, sustainability and competitiveness. The cooperation is based on a comprehensive partnership and mutual interest so dictate, reciprocity, transparency and predictability in accordance with market economy principles, and existing multilateral and bilateral agreements. 205. Article collaboration, inter alia, the implementation of the following areas: (a) to implement energy strategies) and policy and develop forecasting scenarios and events, including the global market conditions, applicable energy products, as well as to improve the statistical system for the energy sector; (b)) create an attractive and stable investment environment and promote mutual investment in the energy sector, ensuring non-discriminatory and transparent basis; (c)) to work efficiently with the European investment bank, the European bank for reconstruction and development and other international financial institutions and instruments in order to support cooperation in the field of energy between the parties; (d)) to promote scientific and technical cooperation and exchange of information for the development of energy technologies, focusing on energy-efficient and environment-friendly technologies in accordance with Chapter 3 of title VI (cooperation in the field of research and innovation); e) provide management and technical training in the energy sector, inter alia, promoting exchanges of specialised course trainees between higher education institutions in the European Union and the Republic of Kazakhstan, as well as to develop joint training programs in accordance with best practice; f) increase cooperation in multilateral energy fora, initiatives and institutions; g) collaborate knowledge and experience, as well as the inclusion of technology innovation, including areas such as management and energy technology. 206. PANTSFosil fuel energy cooperation in the fossil fuel energy is focused on the following areas: a) modernise and improve existing and develop new energy infrastructure of common interest in accordance with market principles, including those which aim to diversify energy sources, suppliers and transport routes and modes of transportation, as well as to develop new generation capacity and ensure energy infrastructure, including the electricity infrastructure integrity, efficiency , safety and security; (b)) to create a competitive, transparent and free from discrimination in the energy market in line with EU best practices, with regulatory reform; (c) improve and strengthen energy) trading long-term stability and security, including through energy demand predictability and stability in a non-discriminatory manner, while reducing environmental impacts and risks; (d)) to promote a high level of environmental protection and sustainable development in the energy sector, including mining, manufacturing, distribution and consumption; e) to increase hydrocarbon exploration and extraction activities in the sea security, exchanges of experience on accident prevention, accident analysis, response and recovery policy, as well as best practices relating to liability and legal practice in the event of a disaster. 207. PANTSAtjaunojam-energy cooperation is encouraged in the following areas: (a)), the development of renewable energy, economic and environmentally sound manner, including regulatory cooperation, certification and standardisation, as well as technology development; b) exchanges between the Republic of Kazakhstan and the European institutions, laboratories and private sector bodies, including engaging in joint programs with the goal to introduce best practices in creating future energy and environment-friendly economy; c) joint seminars, conferences and training programmes and the regular exchange of information and transparent statistical data as well as information on renewable energy developments. 208. PANTSEnergoefektivitāt energy saving and energy efficiency and energy-saving cooperation, including in the coal sector, gas combustion (and associated gas utilization) and with respect to buildings, facilities and vehicles, are being implemented, inter alia, the following: a) exchanging information on energy efficiency policy, legal and regulatory framework and action plans; (b) encouraging exchange of experience) and energy efficiency and energy saving of know-how; (c)) and implementing the proposed project, including demonstration projects, to introduce innovative technologies and solutions in the field of energy efficiency and energy saving; d) implementing training programmes and training in the field of energy efficiency in order to achieve the objectives of this article. 6. NODAĻASADARBĪB TRANSPORT article 209 the Parties shall cooperate: a) to expand and strengthen cooperation in the field of transport, in order to support a sustainable transport system; d) focuses on the transport system to the social and environmental aspects; (c)) to promote effective and safe for transport operations; (d) the main transport) to improve the connections between their territories. 210. Article in the co-operation referred to in this article, among other is focused on the following areas: (a)) to exchange best practices in the field of transport policy; (b)), to improve the movement of passengers and goods, increase the smooth traffic flow by removing administrative, technical and other obstacles, to achieve greater market integration, improving transport networks and upgrade infrastructure; (c)) for the exchange of information and joint actions at regional and international level and to implement applicable international agreements and conventions; (d)) to exchange best practices in maritime transport safety and sustainable development. The Republic of Kazakhstan shall adapt its bilateral aviation agreements with the Member States of the European Union, to bring them into compliance with European Union law. 211. Article on the issues going on regular dialogue. 7. NODAĻASADARBĪB environmental article 212 parties shall develop and strengthen cooperation on environmental matters, thus contributing to environmental protection, sustainable development and good governance. Cooperation is encouraged in the following areas: (a)), environmental assessments, monitoring and control; b) environmental education and awareness, access to information, public participation in decision-making and access to justice in environmental matters; (c)), the law on environmental protection; d) air quality; e) waste management; (f)) water, including the marine environment, quality management; g) integrated water resources management, including improved water-saving technology; h) biological and landscape diversity conservation and protection; I) sustainable forest management; j) industrial pollution and industrial emissions; k) chemical classification and secure it management; l) and the European Union on the initiative of the Republic of Kazakhstan in the field of the green economy and m) mutual exchange of experience on policy concerning the sustainable development of fisheries. 213. Article collaboration in the field of environmental protection implemented by the parties, by mutual agreement, inter alia, in the following ways: (a)) technology, scientific and technical information, and information on research activities in the field of environmental protection exchanges; (b)) the exchange of environmental legislation and the improvement of the methodology. 214. Article parties pay particular attention to environmental issues and cooperation with them, subject to the relevant multilateral environmental agreements, and they agree to step up cooperation at regional level. The Parties shall exchange experience to promote the integration of environmental concerns into other sectors, including through the exchange of best practices, expanding knowledge and competencies, improving environmental education and awareness in the areas referred to in this chapter. 8. NODAĻASADARBĪB the climate change article 215. Parties shall develop and strengthen their cooperation to combat climate change and to adapt to them. Cooperation takes place, having regard to the interests of the parties and on the basis of equality and mutual benefit, and taking into account the interdependence existing bilateral and multilateral commitments in this area. 216. Article collaboration promotes measures for the domestic and international level, including the including the following areas: (a) climate change mitigation); b) adaptation to climate change; c) market and non-market solutions to climate change; d) new, safe and sustainable low-carbon and adaptation technology research, development, deployment and distribution; (e) the exchange of know-how) climate and support other sectors; f) awareness-raising, education and training. 217. Article parties, inter alia, exchanging information and know-how to implement joint research and exchange of information on cleaner technologies, implement joint action at regional and international level, including the binding on the parties to multilateral environmental agreements, such as the United Nations Framework Convention on climate change, as well as, where appropriate, implement joint activities in the framework of the agency concerned. 9. NODAĻASADARBĪB industrial area, article 218 the Parties shall develop and strengthen cooperation in the field of industry, including an effective incentive and favourable conditions for development to continue to diversify and increase the industry's competitiveness. For that purpose, the Parties shall cooperate, including through the exchange of best practices and experience in the following areas: (a) the productive and efficient resources); (b)) the State aid measures in the industrial sector, on the basis of the WTO requirements and other applicable provisions of the parties; (c) industrial policy) in relation to the depth of integration; d) funds to promote the effective implementation of industrial policy; e) investment in the manufacturing sector, reducing its energy consumption, as well as the exchange of experience in labour productivity policy; f) conditions of new production technology, high-tech industry and knowledge and technology transfer, as well as the development of basic infrastructure and favourable environment for the further development of innovation clusters; (g) investments and trade) the mining sector and in the sector of raw materials with the aim of promoting mutual understanding and transparency – improving the business environment, the exchange of information and cooperation with energy-related raw material industry promotion, particularly with regard to ores and industrial minerals; h) human resources development in the production sector; I) initiative and the conduct of the European Union and the Republic of Kazakhstan industrial cooperation. This agreement shall not preclude greater cooperation between the parties, and may conclude separate agreements. 10. NODAĻASADARBĪB small and medium-sized enterprises in the field of article 219, the Parties shall develop and strengthen cooperation on small and medium-sized enterprises (SMEs), to promote the successful development of SMEs and the creation of a favourable business climate. For that purpose, the Parties shall cooperate in the following areas: a) the exchange of information on SME development policy; (b) exchange of best practice) for initiatives that strengthen businesses as a key element; c) better communication between the two parties conduct associations through closer dialogue; (d) exchange of experiences on) support the ability of SMEs to access international markets; (e) exchange of experience), how to improve the impact of the regulatory framework for SMEs; (f) exchange of best practice) on SMEs ' access to finance. 11. NODAĻASADARBĪB in the area of company law, article 220 the parties recognise the importance of the market economy with predictable and transparent business environment is a powerful set of rules and practices business law and corporate governance, as well as accounting and auditing, and stresses the importance of promoting convergence in this field. The Parties shall cooperate in the following areas: (a) exchange of best practice) on how to ensure the availability of and access to information on the structure and representation, to be transparent and readily available; (b)) corporate governance the further development of policy in line with international and, in particular, the OECD standards; (c)) contribute to international financial reporting standards (IFRS) implementation and consistent application of listed companies in the consolidated accounts; d) accounting and financial reporting, including the approximation of provisions relating to SMEs; (e) the auditor and the accounting profession) Regulation and supervision; f) international auditing standards and the International Federation of Accountants (IFAC) code of ethics enforcement to improve Auditors ' professional level, ensuring that professional bodies, audit authorities and the Auditors comply with auditing standards and rules of conduct. 12. NODAĻASADARBĪB's banking, insurance and other financial services article 221 the parties agree on the importance of effective laws and practices, and cooperate in the area of financial services with the aim of: (a)) to improve the financial services regulation; (b)) to provide investors and consumers of financial services, an effective and appropriate protection; (c)) to promote global financial stability and integrity of the system; (d)) to promote cooperation between the various actors of the financial system, including regulators and supervisory authorities; (e) to promote independent and) effective monitoring. To ensure a sound financial system, the Parties shall promote regulatory convergence with recognised international standards. 13. NODAĻASADARBĪB information society article 222 the Parties shall promote cooperation in the development of the information society citizens and businesses, providing information and communication technology (ICT) widespread availability and better quality service at an affordable price. The purpose of this cooperation is the promotion of competition and transparency in the ICT markets, as well as the promotion of investment in the industry. 223. Article cooperation includes, inter alia, of the exchange of information and best practices on information society initiative implementation, paying special attention to the following aspects: (a) effective legal framework) the ICT sector development; b) broadband access; (c) interoperable electronic services); d) data protection and e) roaming service development. 224. Article, the Parties shall promote cooperation between regulators in the field of ICT, including electronic communications, the European Union and the Republic of Kazakhstan. 14. NODAĻASADARBĪB tourism article 225 the Parties shall cooperate in the field of tourism with the aim of strengthening the competitive and sustainable development of the tourism industry to promote economic growth and employment opportunities and exchanges in the tourism sector. 226. Article collaboration is based on the following principles: (a)), the local community, especially in rural areas, integrity and interests; (b)) the cultural and historical heritage and the importance of c) tourism and environmental protection in a positive interaction. 227. Article Cooperation focuses on the following areas: (a)), best practice information, exchange of experience and know-how, including innovative technologies; (b)) a strategic partnership between the public, private and public stakeholders to support the sustainable development of tourism; (c)) and market tourism products, infrastructure, human resources and institutional structure and development, as well as the barriers to trade in services identification and prevention; d) effective policy and strategy development and implementation, including appropriate legal, administrative and financial aspects; e) training and capacity-building in the field of tourism service standards improvement and f) tourism development and promotion, involving the local population, and other kinds of tourism sustainable development. 15. NODAĻASADARBĪB agricultural and rural development article 228 the Parties shall cooperate in order to promote agricultural and rural development, in particular through policies and legislation, the gradual convergence. 229. Article collaboration, among others, relate to the following areas: (a) the improvement of mutual understanding) on agricultural and rural development policy; (b) exchange of best practice) agricultural and rural development policy planning, evaluation and implementation; (c) the exchange of knowledge and the) best practices on rural development policy to improve the rural population's social and economic well-being; (d) modernization of agricultural production) and sustainability; e) agricultural sector competitiveness and market efficiency and transparency; f) the exchange of agricultural products and foodstuffs-geographical indications, quality policies and control mechanisms, food security and agricultural production; g) knowledge dissemination and extension services agricultural producers; h) agro-industry investment promotion of cooperation projects, especially in the livestock and crop sectors for development; I) the exchange of policies related to sustainable development of agro-industry and agricultural product processing and distribution. 16. NODAĻASADARBĪB employment, social PARTNERS, social policy and equal opportunities in the field of article 230, the Parties shall encourage the development of dialogue and cooperation to promote the ILO decent work agenda, employment, living and working conditions and health and safety at work, social dialogue, social protection, social inclusion, non-discrimination, as well as the fair treatment of workers legally residing and working in the second half. 231. Article, the Parties shall endeavour to reach 230. the objectives referred to in article, including collaborating and sharing practices in the following areas: (a)) improving the quality of life and better social environment; (b) the promotion of social inclusion) and all the workers ' level of social protection, improvement and modernisation of social protection systems for the quality, accessibility and financial sustainability; c) poverty reduction and social cohesion and the protection of vulnerable populations; d) discrimination in employment and Social Affairs in the field of prevention in accordance with each party's obligations pursuant to international standards and conventions; e) active labour market measures, promotion of employment and improving the effectiveness of services; f) going for it, to create more and better jobs with decent working conditions; (g)) of the living and working conditions, as well as health and safety level of improvement in the work place; (h)), the promotion of gender equality, promoting women's participation in social and economic life and ensuring women and men equal opportunities in respect of employment, education, training, the economy, society and decision making; I) labour quality improvement and labākas protection of workers; j) improving social dialogue and promotion, including increasing the capacity of the social partners. 232. Article the parties reaffirm their commitment to the effective implementation of ILO conventions apply. The parties, having regard to the UN Economic and Social Council Ministerial Declaration of 2006 on for full employment and decent work for all, recognize that all available full, productive and decent employment is a key element of sustainable development in all countries. Parties in accordance with the ILO's 1998 Declaration on fundamental principles and rights at work encourages all relevant stakeholders, in particular, the involvement of the social partners in the social policy development and cooperation between the European Union and the Republic of Kazakhstan in accordance with this agreement. Parties shall endeavour to promote cooperation on employment and social policies in all relevant forums and organizations. 17. NODAĻASADARBĪB's health article 233 as a prerequisite for sustainable development and economic growth, the Parties shall develop cooperation in the field of public health, in order to increase the level of protection of human health and reducing health inequalities, within the common values and principles in the field of health. 234. Article collaboration include infectious infkecij disease and prevention and control, including the exchange of information on health, promoting access to health into all policy areas, cooperation with international organisations, in particular the World Health Organization, and facilitating international agreements in the field of health, such as the World Health Organization 2003 Framework Convention on tobacco control and the international health regulations. V SADAĻASADARBĪB in the field of freedom, security and justice 235. PANTSTiesiskum and the human rights and fundamental freedoms in cooperation under this section, the parties give particular importance to the promotion of the rule of law, including the independence of the judiciary, access to justice and the right to a fair trial, as well as respect for human rights and fundamental freedoms. The Parties shall cooperate in order to strengthen institutions, including law enforcement, prosecution, court administration and corruption prevention and fight with it. 236. PANTSJuridisk cooperation the Parties shall develop cooperation in civil and commercial matters in order to discuss, ratify and implement the relevant multilateral conventions on judicial cooperation in civil matters, in particular the Hague Conference on private international law Convention. The parties improve cooperation in criminal matters, including mutual legal assistance. Cooperation where appropriate and depending on the applicable procedures may include the accession of the Republic of Kazakhstan of Council of Europe conventions in the field of criminal procedure and the implementation of relevant international instruments in the implementation of the United Nations and cooperation with Eurojust. 237. Personal data protection the Parties shall cooperate to ensure a high level of personal data protection, by exchanging best practice and experience and taking into account the European and international legal instruments and standards. Cooperation where appropriate and depending on the applicable procedures may include the accession of the Republic of Kazakhstan to the Council of Europe Convention on the protection of individuals with regard to the automatic processing of personal data and its additional protocol, and their implementation. 238. PANTSSadarbīb migration, asylum and border management area 1. The parties confirm the importance they attach to the management of migration flows. The cooperation is based on mutual consultation, and it will be implemented in accordance with the legislation in force. 2. in cooperation with a view to preventing and combating illegal migration, the parties agree that: (a)) of the Republic of Kazakhstan agrees to take back its nationals illegally present in a Member State of the European Union territory, upon the request and without undue delay; and (b)), each Member State shall, at the request of the Republic of Kazakhstan and without undue delay, agrees to readmit any of its nationals illegally present on the territory of the Republic of Kazakhstan. 3. The Member States of the European Union and the Republic of Kazakhstan, the application of the 2. the point is, ensure their nationals appropriate identity documents for such purposes, without further formalities, the exception referred to in this article, and without undue delay. If the person to be readmitted, no document or other evidence that the nationality of the Member State concerned, the competent diplomatic and consular representations or the Republic of Kazakhstan by the Kazakh Republic or the request of the Member State concerned shall take measures to asking that person in order to determine its nationality without further formalities and without undue delay. 4. The parties agree to start a comprehensive dialogue on migration issues in line with the overall approach to migration and mobility with the aim, inter alia, to consider the possibility of agreeing on the agreement between the European Union and the Republic of Kazakhstan, which govern the Member States of the European Union and the Republic of Kazakhstan specific obligations for the readmission, including an obligation to readmit nationals of other countries and stateless persons, as well as with the aim to consider simultaneously agree on agreement on the facilitation of issuance of visas between the European Union and the citizens of the Republic of Kazakhstan. 239. PANTSKonsulār protection in the Republic of Kazakhstan agrees that any Member State of the European Union, which is represented in the Republic of Kazakhstan, the diplomatic and consular authorities provide protection for any European Union Member State who do not have their own permanent representation in the Republic of Kazakhstan, under the same conditions as the nationals of the Member State concerned in the European Union. 240. PANTSNelikumīg of money laundering and financing of terrorism, pursuant to international standards on combating money laundering and financing of terrorism, adopted by the financial action task force, a partnership with the aim of preventing that party financial and non-financial sectors are used for criminal activity results in income – in General, and in particular drug-related crime, money laundering, and terrorism financing. This cooperation refers to assets or funds obtained through criminal activities, recovery, seizure, confiscation and return. Cooperation is allowed the exchange of relevant information, subject to the parties ' respective laws and international commitments. 241. PANTSNelikumīg drug for the Parties shall cooperate in order to achieve a balanced and integrated approach to drug issues, particularly in relation to narcotic substances, psychotropic substances and their precursors in the illicit trade. Directed against the national drugs policy and action to strengthen structures to deal with illegal drugs, psychotropic substances and their precursors, the problem of supply and demand, improving coordination and increasing cooperation between the competent authorities in order to reduce drug trafficking, illicit drug supply and demand, enhancing preventive measures, treatment and rehabilitation, and with due regard to human rights. The cooperation also aims to reduce drug related harm, to address the production of synthetic drugs and use problems and achieve to the illicit manufacture of narcotic drugs and psychotropic substances in the production of precursors more effectively. The parties agree on the methods to achieve those objectives. Activities are based on generally accepted principles that are in accordance with the relevant international conventions and instruments, as well as the European Union and Central Asia drugs action plan. 242. PANTSCīņ against organised and transnational crime and corruption, the Parties shall cooperate with a view to preventing all kinds of organized, economic, finance and cross-border criminal activities, including people smuggling and trafficking in human beings, drug trafficking, illicit trafficking in firearms, funds, fraud, forgery, counterfeiting and corruption in the public and private sectors, and to fight against them, fully respecting the existing international commitments of the parties in this area. The Parties shall promote bilateral, regional and international cooperation between law enforcement authorities, including the exchange of best practices and possible cooperation with the agencies of the European Union. The parties are committed to the effective implementation of relevant international standards, in particular those laid down in the UN Convention of 2000 against transnational organised crime (UNTOC) and its three protocols and the United Nations Convention against corruption, 2003. Cooperation where appropriate and depending on the applicable procedures may include the accession of the Republic of Kazakhstan in the relevant instruments of the Council of Europe on the prevention and combating of corruption and their implementation. 243. PANTSCīņ against cybercrime, the Parties shall strengthen cooperation, including through the exchange of best practices, with a view to preventing and combating criminal activities carried out through electronic communication networks and information systems, or which are directed against such networks and systems. SADAĻACIT VI policy areas for cooperation 1. NODAĻASADARBĪB education and training article 244. Parties shall cooperate in the field of education and training with the aim of promoting the education of the Republic of Kazakhstan and the training system upgrades and convergence with EU policies and practices. The Parties shall cooperate with the aim of promoting lifelong learning and to foster cooperation and transparency at all levels of education and training. In addition, the parties stress the measures intended for cross-institutional cooperation, students, academic and administrative staff, researchers and youth mobility, information and experience. The Parties shall encourage the education systems under the coordination of joint European and international standards and best practices. 2. the NODAĻASADARBĪB culture article 245 the Parties shall promote cooperation in the field of culture, which respects cultural diversity, to enhance mutual understanding and knowledge about the parties ' respective cultures. The Parties shall endeavour to take appropriate measures to promote cultural exchanges and promote common initiatives in the various cultural spheres. The Parties shall consult and establish a mutually beneficial cooperation with multilateral international agreements and membership of international organisations such as the United Nations Educational, scientific and Cultural Organization (UNESCO). The Parties shall continue to exchange views on cultural diversity, aiming, inter alia, to promote the implementation of the principles contained in the UNESCO 2005 Convention on the protection and promotion of the diversity of cultural expressions, and to implement the projects in accordance with the UN General Assembly declared the International Decade for a culture of 2013. approximation to 2022. The Parties shall promote joint activities, programs and plans, as well as best practices for professional artists and cultural workers and organizations for training and capacity building. 3. NODAĻASADARBĪB research and innovation in the field of article 246. The Parties shall encourage cooperation: (a) all civil research and) science and technology for development on the basis of mutual benefit and respecting the appropriate and effective protection of intellectual property rights, and (b)) to promote innovation development. 247. Article collaboration include: (a) policy dialogue and the) scientific and technological information exchange; (b)) of information and best practices on innovation and commercialization of research and development, including support tools startups technology, cluster development and access to finance; (c) access of Parties) according to the relevant research and innovation programmes; (d)) of the Republic of Kazakhstan of research institutions to increase their research capabilities and their participation in the EU research and innovation framework programmes and other possible European Union funded initiatives promoting possible; e) joint project in the field of research and innovation development and promotion; f) collaborative research and innovation projects promoting the commercialisation of the results; g) new technologies access to the markets of the parties; (h)) and a training measure mobility programmes for scientists, researchers and other research and innovation personnel involved on both sides of the organisation; (I)) in relation to the law applicable to the free movement of researchers who participate in the activities covered by this agreement, and the cross-border movement of goods intended for use in such activities; j) other forms of cooperation in research and innovation, including through regional approaches and initiatives based on mutual agreement. 248. ARTICLE 247 article in the co-operation set out measures, should look for synergies with regional and other activities undertaken in the context of broader financial cooperation between the European Union and the Republic of Kazakhstan, as defined in the 261. and in article 262. 4. NODAĻASADARBĪB the media and audiovisual field article 249. The Parties shall promote cooperation in the media and the audiovisual sector, including by exchanging information and organizing the training of journalists and other media, cinema and audiovisual industry professionals. 250. Article, the Parties shall exchange information and best practices to promote media independence and professionalism, based on standards set by applicable international conventions, including, where appropriate, UNESCO and the Council of Europe Convention. 5. NODAĻASADARBĪB with civil society Article 251, the Parties shall continue and enhance the dialogue meetings and consultations and cooperate on issues of civil society, in order to achieve the following objectives: (a)) to strengthen the contacts and the exchange of information and experience in all areas of civil society in the European Union and the Republic of Kazakhstan, on the one hand civil society representatives familiar with the consultation and dialogue process between other public authorities and the social partners in particular, with the aim to continue the involvement of civil society in the public policymaking process in the Republic of Kazakhstan; b) to ensure the involvement of civil society in the relations between the European Union and the Republic of Kazakhstan, in particular in the implementation of this agreement; (c) improve capabilities) encourage, increase independence and transparency in civil society and to support the role of the parties ' economic, social and political development. The Parties shall encourage the development of relations between the European Union and the Republic of Kazakhstan of the non-governmental organizations. The Parties shall provide support to the relevant institutions and non-governmental organizations that implement activities in the field of human rights. The parties formally and regularly, at least once a year, shall exchange all relevant information regarding the cooperation programmes. 6. the NODAĻASADARBĪB of sports and physical activity article 252 in the field the Parties shall promote cooperation in sports and physical activities, to all age groups help to adopt healthy lifestyles, encourage sports social functions and educational values and combat threats such sports as doping, racism and violence. Cooperation shall in particular include information and best practices. 7. NODAĻASADARBĪB in the field of CIVIL protection article 253, the parties recognise the need to manage both domestic and global natural and man-made disasters. To increase the strength of public and infrastructure, the parties confirm their intention to improve natural and man-made disaster prevention, risk reduction, preparedness and response to them, and, where appropriate, to cooperate in bilateral and multilateral political level to improve the global disaster risk management results. Collaboration, if enough resources are available to support: (a)), the competent authorities of the other organizations and individuals carrying out activities in the field of civil protection, interaction; b) mutual assistance, if requested, in the event of a disaster coordination; c) exchange of experience on population awareness about disaster preparedness; d) training, retraining, further training and specialist training in the field of civil protection and early warning systems. 8. NODAĻASADARBĪB space activities carried out in article 254 parties shall as appropriate encourage long-term cooperation in the civil space exploration and development. The Parties shall give particular attention to initiatives that provide their respective space activities complementarity. 255. Article, the parties may cooperate in fields such as satellite navigation, Earth observation, space exploration and other areas in accordance with the interests of the parties. 9. NODAĻASADARBĪB in the field of consumer protection, article 256. Parties shall cooperate in order to ensure a high level of consumer protection and to ensure their interoperability of consumer protection. Cooperation may include, where appropriate: (a)), the exchange of good practice in the field of consumer policy, including on product quality and safety requirements and market surveillance systems and information exchange mechanism; (b) exchange of experience for the consumer) protection systems, including legislation in the area of consumer law and its implementation, consumer product safety, consumer awareness and better rights and legal protection of the consumer; c) training activities management officials and other representatives of consumer interests; d) independent consumer organisations and consumer interests in promoting contacts. 10. NODAĻAREĢIONĀL cooperation article 257 the Parties shall promote mutual understanding and bilateral cooperation in the field of regional policy with the aim of improving living conditions and to increase the participation of all parties in the region for economic and social development. 258. Article party support and strengthen the local and regional authorities ' involvement in regional cooperation in accordance with existing international agreements, and to support measures to develop capacity building activities and strengthen regional economic and business networks. 259. Article party strengthen and promote aspects of the development of regional cooperation in the areas covered by this agreement, inter alia, transport, energy, communications, culture, education, research, tourism, aquatic resources and environmental, civil protection and other areas which are important for regional cooperation. 11. In the field of civil NODAĻASADARBĪB article 260 1. The Parties shall encourage exchange of experience and knowledge, bringing international best practices in public administration and the civil service and public administration and the capacity building of civil servants and their professional development and training. 2. the Parties shall promote dialogue on measures aimed at improving the quality of public services, and on joint efforts to promote multilateral cooperation in relation to the staff of the regional centre in the Republic of Kazakhstan. 3. the framework referred to in paragraph 2, the Parties shall cooperate, inter alia, by promoting: a) the exchange of experts; (b)) the organisation of seminars and training activities). (VII) SADAĻAFINANSIĀL and technical cooperation article 261, the Parties shall continue and strengthen the current financial and technical cooperation, based on a comprehensive partnership and mutual interest, reciprocity, transparency, predictability and mutual interests of the parties to the principles of protection. To achieve the objectives of this agreement, the Republic of Kazakhstan can be obtained from the European Union's financial assistance in the form of grants and loans, possibly in cooperation with the European investment bank and other international financial institutions. Financial assistance may be provided in accordance with the relevant provisions governing European Union multi-annual financial shēmas27, in particular as regards the exchange of experts, studies, forums, conferences, seminars and training courses, grants program and project development and implementation support. European Union funding for its implementation of the financial regulu28 and noteikumus29. Financial assistance is based on the annual action programme adopted by the European Union, following consultation with the Republic of Kazakhstan. The European Union and the Republic of Kazakhstan may be co-financed programmes and projects. The Parties shall coordinate the programmes and projects on financial and technical cooperation and exchange information on all sources of assistance. The effectiveness of aid, as defined in the OECD Paris Declaration on aid effectiveness, the European Union's technical cooperation strategy, the reform of the European Union's Court of Auditors ' reports, and the experience gained in the implementation of the European Union cooperation programme in the Republic of Kazakhstan, is the Foundation of the European Union's financial assistance to the Republic of Kazakhstan. 262. Article parties implement financial and technical assistance measures in accordance with the principles of sound financial management and cooperate to protect the European Union and the Republic of Kazakhstan's financial interests. The Parties shall take effective measures to prevent and combat pārkāpumus30, fraud, corruption and any other illegal activities detrimental to the European Union budget and the budget of the Republic of Kazakhstan through mutual legal assistance and other assistance in the areas covered by this agreement. Any future agreement or financial instruments concluded between the parties during the implementation of this agreement, include specific financial cooperation clauses concerning on-the-spot checks and controls. 263. Article To making optimum use of the resources available, the Parties shall undertake to ensure that the European Union contributions are made in close coordination with contributions from other sources, third countries and international financial institutions. 264. PANTSPreventīv measures the Parties shall regularly check that actions financed from the funds of the European Union and co-sponsored by the means of the Republic of Kazakhstan, is properly implemented and take all appropriate measures to prevent irregularities, fraud, corruption and any other illegal activities detrimental to the European Union and the Republic of Kazakhstan of co-financing funds. The Parties shall inform each other about all preventive measures. 265. PANTSSaziņ the Parties shall inform each other, in particular the European anti-fraud Office and the competent authorities of the Republic of Kazakhstan on cases where possible and actual place of fraud, corruption and any other irregularities in connection with European Union funds and co-financing funds of the Republic of Kazakhstan. The Parties shall inform each other of any measures taken under this article. 266. PANTSPārbaud on-the-spot checks and inspections on the spot in relation to the European Union financial assistance shall be prepared and conducted by the European anti-fraud Office, in close cooperation with the competent authorities of the Republic of Kazakhstan and in accordance with the legislation of the Republic of Kazakhstan. In the framework of this agreement, the European anti-fraud Office is authorized to carry out inspections on the spot in order to protect the Union's financial interests, in accordance with Council Regulation (Euratom, EC) no 2185/9631 and European Parliament and Council Regulation (EU) No 883/201332.267. PANTSIzmeklēšan and criminal prosecution the competent authorities of the Republic of Kazakhstan shall carry out investigations and prosecutions in accordance with the legislation of the Republic of Kazakhstan in cases of possible and actual place of fraud corruption and any other illegal activities detrimental to the European Union and the Republic of Kazakhstan of co-financing funds. Where appropriate, on the basis of an official request, the European anti-fraud Office can assist the competent authorities of the Republic of Kazakhstan to perform this task. SADAĻAINSTITUCIONĀL structure of the VIII PANTSSadarbīb 268. Council-1. This creates a cooperation Council. It monitors and regularly review the implementation of this agreement. It is at ministerial level once a year. To achieve the objectives of this agreement, it shall examine any major issues arising from this agreement, as well as other bilateral or international issues of common interest. 2. to achieve the objectives of this agreement, the cooperation Council shall adopt decisions within the scope of the agreement in the cases provided for therein. Such decisions shall be binding on the parties, which shall take appropriate measures for the enforcement of the decision taken. The cooperation Council may also make recommendations. Decisions and recommendations shall be adopted by agreement between the parties and their respective internal procedures have been completed. 3. the cooperation Council may update or amend the annexes to this agreement, on the basis of consensus between the parties, without prejudice to section III (trade and business) in particular. 4. the cooperation Council may delegate to the cooperation Committee any of its powers, including the authority to make binding decisions. 5. the cooperation Council shall consist of representatives of the parties. 6. The cooperation Council shall be chaired alternately by the European Union and the representative of the Republic of Kazakhstan. 7. The cooperation Council shall adopt its own rules of procedure. 8. If you have any disputes related to the interpretation or implementation of this agreement, each party may refer to the cooperation Council in accordance with 278. article. 269. PANTSSadarbīb Committee and specialized subcommittees 1. a joint cooperation Committee. It helps the cooperation Council in carrying out its duties. 2. the cooperation Committee shall consist of representatives of the parties, normally at senior civil servant level. 3. the cooperation Committee shall be chaired alternately by the European Union and the representative of the Republic of Kazakhstan. 4. the cooperation Committee shall take decisions in the cases provided for in this agreement and in areas where the cooperation Council has delegated its powers. These decisions shall be binding on the parties, which shall take appropriate measures for the enforcement of the decision taken. The cooperation Committee shall adopt its decisions by agreement between the parties for them, after the completion of the respective internal procedures. The Committee is obliged to prepare the meetings of the cooperation Council. 5. The cooperation Committee may meet in special configurations to address relevant questions related to section III (trade and business). 6. the cooperation Council may decide to set up specialized subcommittees or body that can assist it in carrying out its tasks, and determines the structure of those subcommittees or composition, tasks and activities. 7. In its rules of procedure, the cooperation Council shall determine the cooperation Committee and Cooperation Council created sub-committees or outline their duties and activities. 270. PANTSParlamentār Cooperation Committee 1. This creates a parliamentary cooperation Committee. It is a member of the European Parliament, on the one hand, and of members of Parliament of the Republic of Kazakhstan, of the other part, and it is their forum to meet and exchange views. It determines the frequency of the meetings. 2. the Parliamentary Cooperation Committee, aims to develop mutually beneficial and effective parliamentary cooperation between the European Parliament and the Parliament of the Republic of Kazakhstan. 3. The Parliamentary Cooperation Committee shall adopt its own rules of procedure. 4. the Parliamentary Cooperation Committee shall be chaired alternately by a representative of the European Parliament and the Parliament of the Republic of Kazakhstan in accordance with the provisions in the rules of procedure of the Committee should be provided. 5. The Parliamentary Cooperation Committee may request information on the implementation of this agreement to the cooperation Council, which shall then provide the Committee with the requested information. 6. the Parliamentary Cooperation Committee shall be informed of the decisions of the cooperation Council and recommendations. 7. The Parliamentary Cooperation Committee may make recommendations to the cooperation Council. SADAĻAVISPĀRĪG and IX final provisions 271. Court fees and the availability of the administrative authorities each Party shall, within the scope of the agreement undertakes to ensure that natural and legal persons of the other party without discrimination and under equivalent conditions, as they are the parties concerned natural or legal persons, are available to the competent courts and administrative authorities to defend their individual rights and their property rights. 272. the delegation of PANTSPilnvar unless otherwise provided in this agreement, each Party shall ensure that persons who have delegated the Administration party, administrative or other regulatory powers at any level of Government, such as the power to issue import or export licences or licences for carrying out economic activities, approve commercial transactions or impose quotas, fees or other charges when implementing these powers, acting in accordance with that party's obligations under this agreement. 273. PANTSIerobežojum for balance-of-payments and external financial difficulties 1. If one of the Parties facing serious balance-of-payments or external financial difficulties or threat of such difficulties exist já, it may adopt or maintain any protective or restrictive measures concerning capital movements, payments or transfers. Article 2 the measures referred to in paragraph 1 provide for: (a)) to treat the other party less favourably as against third parties in similar situations; (b)) to follow International Monetary Fund nolīgumapant, if they are applicable; (c)) does not lead to unnecessary injury to the other side of the commercial, economic and financial interests; (d)) that the measures are temporary and it will gradually be reduced to 1. improvement of the situation referred to in paragraph 2. 3. in relation to the trading of goods by the party may adopt or maintain restrictive measures to safeguard the balance-of-payments or external financial position. Such measures are compatible with the GATT 1994 and the 1994 GATT agreement on the balance of payments. 4. with regard to trade in services may adopt restrictive measures to safeguard the balance-of-payments or external financial position. Such measures comply with the GATS. 5. the party which leaves in force or adopted paragraph 1 and 2 of these restrictive measures or amendments thereto, shall immediately inform the other party and provide a timetable for their removal. 6. If the limits are accepted or left in force under this article, without delay consultations in the cooperation Committee, if such consultation does not take place otherwise outside the scope of this agreement. 7. Consultations shall assess the balance-of-payments or external financial difficulties, which led to the measures in question, taking into account, inter alia, such factors as: (a) the nature and extent of the difficulties), (b)) the external economic and trading environment, or c) possible available alternative remedies. 8. Consultation examine any restrictive measure compliance with point 1 and 2. 9. In the consultations, the parties accept all IMF statistics presented, and other facts relating to foreign exchange, monetary reserves and balance of payments, and the conclusions are based on the assessment carried out by the IMF with respect to such party's balance of payments and the external financial position. 274. PANTSPasākum in connection with essential security interests, nothing in this Agreement shall: (a)) requires the parties to provide information if they consider that the disclosure of information contrary to its essential security interests, (b)) does not prevent the parties from taking any action which it considers necessary to its essential security interests: (i)) in connection with arms, ammunition or military equipment production and trade, ii) relating to the economic activities that directly or indirectly carried out military institutions needs , III) relating to fissionable materials and nuclear materials or the materials from which they are derived, iv) on public procurement that is required for national security or for the purposes of protection, or v) in time of war or other emergency in international relations; or (c)) shall not prevent any of the parties to take measures to carry out obligations they have entered into international peace and security. 275. PANTSDiskriminācij ban 1. Areas covered by this agreement and without prejudice to any special provisions contained therein: (a) measures taken by Kazakhstan) Federation of the European Union or its Member States, there is no reason for any discrimination between the Member States of the European Union or the natural or legal persons; b) measures that the European Union or its Member States shall apply to the Republic of Kazakhstan, there is no reason for any discrimination between the Republic of Kazakhstan for natural or legal persons. Article 2, paragraph 1 shall not affect the right of parties to apply the relevant provisions of the tax law, taxpayers that the situation is different in their place of residence. 276. PANTSNodokļ policy 1. this Agreement shall apply to taxation measures only in so far as their application is necessary in order to implement the provisions of this agreement. 2. Nothing in this Agreement shall prevent or execute the measures aimed at preventing the avoidance or evasion of taxes pursuant to the tax provisions of the agreements on double taxation, or other tax regimes for national tax legislation. 277. PANTSSaistīb execution 1. the Parties shall take all the necessary measures to comply with the obligations arising from this agreement. They shall ensure that the objectives of this agreement are attained. 2. At the request of either party, the Parties shall, through appropriate channels, promptly consult to discuss any question relating to the interpretation or application of this agreement, and other aspects of the relations between the parties. 3. Each Party shall provide the cooperation Council any dispute relating to the interpretation or implementation of this agreement in accordance with article 278. 4. the cooperation Council may settle the dispute in accordance with article 278, and by adopting a binding decision. 278. PANTSDomstarpīb resolution 1. If a dispute arises between the parties concerning the interpretation or implementation of this agreement, either party to the other party and shall be submitted to the cooperation Council official request to resolve the dispute in question. By way of derogation from the above, disputes regarding title III (trade and business) and implementation of interpretation applies only to section III (trade and business) Chapter 14. 2. the Parties shall endeavour to settle the dispute, from the good will the consultations within the cooperation Council, as provided for in article 268, as soon as possible to reach a mutually acceptable solution. Discussing disagreements can occur in any cooperation Committee or other relevant subcommittees or bodies established on the basis of article 269 of that meeting in accordance with the agreement of the parties or at the request of a party. Consultation may also take place in writing. 3. the Parties shall supply the cooperation Council, a cooperation Committee or any Subcommittee or body concerned with all the information necessary for in-depth examination of the situation. 4. considers the dispute settlement, as soon as the cooperation Council adopted a binding decision on the matter, as provided for in article 277, or if it stated that the dispute is terminated. 5. All information disclosed during the consultation process, is confidential. 279. PANTSAtbilstīg measures in case of default 1. If the matter is not resolved within three months from the date of the formal request to settle the dispute in accordance with article 278, and if the applicant party considers that the other party has not fulfilled its obligations the saskaņāš this agreement, it may take the appropriate measures, except where the dispute is related to section III (trade and business) interpretation or implementation. 2. By way of derogation from paragraph 1 of this article, either party may immediately take the appropriate measures with respect to this agreement and in accordance with international law in the following cases: (a) denunciation of this agreement are not) authorized in accordance with international law, the General rules of the 1969 Vienna Convention on the law of treaties article 60 (3), or (b)) the meaning of this agreement happened 1 and referred to in article 11 of this agreement, violation of the essential elements made by the other party. In those cases the relevant measures shall notify the other party. At the request of either party, consultations shall be held for up to 20 days. After this period, apply to the measure. 3. choosing appropriate measures, priority must be given to those which least disturb the functioning of this agreement and are proportionate to the nature and gravity of the irregularities. These measures shall be notified immediately to the cooperation Council, and they are immediately discussed during consultations, each party has the right to prevent the infringement. 280. PANTSPublisk access to official documents, the provisions of this Agreement shall not prejudice the parties in the application of the law relating to public access to official documents. 281. the entry into force, provisional application, duration and termination 1. This agreement shall enter into force on the first day of the second month following the date on which the parties, through diplomatic channels, shall notify the General Secretariat of the Council of the European Union for the completion of the procedures necessary for that purpose. 2. section III, (trade and business), unless otherwise specified, it shall apply as of the date of entry into force referred to in paragraph 1, provided that the Republic of Kazakhstan by that date has become a WTO member. If the Republic of Kazakhstan become a WTO member after the date of entry into force of this agreement, section III (trade and business), unless otherwise specified, it shall apply from the date of the Republic of Kazakhstan has become a WTO member. 3. Notwithstanding paragraphs 1 and 2, the European Union and the Republic of Kazakhstan can this agreement be applied provisionally, where appropriate, in whole or in part in accordance with their respective internal procedures and legislation. 4. Provisional application begins from the first day of the first month following the date on which: (a)) the European Union has declared the Republic of Kazakhstan on the completion of the procedures required, where appropriate, that are part of this Agreement shall apply provisionally, and (b)), the Republic of Kazakhstan has informed the European Union on the ratification of this agreement. 5. section III (trade and business), unless otherwise specified, it applies provisionally from the date of the provisional application referred to in paragraph 4, provided that the Republic of Kazakhstan by that date has become a WTO member. If the Republic of Kazakhstan become a WTO member after the date of application of the preliminary draft, but before its entry into force, section III (trade and business), unless otherwise specified, it applies provisionally from the date of the Republic of Kazakhstan has become a WTO member. 6. The application of the relevant provisions of this agreement, including its annexes and protocols, any reference to "the date of entry into force of the agreement" such rules also be understood as the date from which the agreement shall apply provisionally in accordance with points 4 and 5. 7. The coming into force of this agreement, the partnership and cooperation agreement between the European communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part, signed in Brussels on 23 January 1995 and in force from July 1, 1999, is repealed. During the period of provisional application shall continue to apply to the partnership and cooperation agreement between the European communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part, signed in Brussels on 23 January 1995 and came into force on 1 July 1999, the provisions so far as they are not covered by the provisional application of this agreement. 8. this Agreement supersedes the agreement referred to in paragraph 7. References to the said agreement, all other agreements between the Parties shall be construed as references to this agreement. 9. This agreement is concluded for an indefinite period, with the possibility of ending it after notification of either party, by written notice to the other party through diplomatic channels. The application of the agreement is terminated, when six months have elapsed from the time when one of the parties has announced the termination of this agreement. Termination does not apply to projects that are implemented in accordance with this agreement and has started before the receipt of the notification. 10. each party may terminate the provisional application of the agreement by written notice to the other party through diplomatic channels. The agreement shall cease to apply when six months have elapsed from the time when one of the parties has notified its provisional application of the agreement terminated. Termination does not apply to projects that are implemented in accordance with this agreement and has started before the receipt of the notification. 282. Article existing agreements between the parties with respect to the specific areas of cooperation, which fall within the scope of this agreement, the parties considered part of the overall bilateral relations governed by this agreement, and they form part of the common institutional structures. 283. Article 1. by mutual consent, the parties may amend, revise and expand this agreement in order to enhance the level of cooperation. 2. the parties may supplement this agreement, concluding special international agreements in any area covered by this agreement. The following specific international agreements between the parties are in General, bilateral relations are governed by this agreement, and they form part of the common institutional structures. 284. The annexes and protocols to the annexes and protocols to this Agreement shall form an integral part thereof. 285. PANTSPuš, the definition of the application of this agreement, "the parties" shall mean the European Union or its Member States, or the European Union and its Member States, in accordance with their respective powers, of the one part, and the Republic of Kazakhstan, of the other part. 286. the implementing measures of the territory of this Agreement shall apply to the territories in which the Treaty on European Union and to the Treaty on the functioning of the European Union, and in accordance with the conditions laid down in the treaties and in the territory of the Republic of Kazakhstan. 287. PANTSAutentisk texts this agreement is drawn up in duplicate in the English, Bulgarian, Czech, Danish, French, Greek, Croatian, Dutch, Estonian, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish, Kazakh and Russian languages, each text being equally authentic. In witness whereof, the respective representatives have signed this agreement. Astana, the year two thousand and fifteenth of the twenty-first of December.  
VārdāEdgar of the Rinkēvič of the Republic of Latvia, the Latvian Minister of Republikasārliet a copy of the agreement of the parties to the unLīgumslēdzēj pārstāvjuparakst nolīgumadepozitārij's representative assured l. Schiavo, the Director-General requesting the visa 1 natural persons from certain countries and it does not require natural persons from other countries is not considered the Elimination of or reduction of benefits under this agreement. 2 legal persons controlled by another legal person, if this entity has the power to appoint a majority of directors or otherwise legally to direct its actions. 3 in the case of a legal person, the terms "creation" and "acquisition" shall be understood as an equity interest in a legal person for the purpose of establishing or maintaining lasting economic links. 4 other representation of the legal person may not carry out an economic activity on a commercial basis in the territory of the Republic of Kazakhstan. As regards the European Union reserves the right to apply the same rules. 5 for the sake of clarity, this chapter considers the services of the service listed in the WTO document MTN. GNU/W/120 in the updated version. 6 with respect to the Republic of Kazakhstan reference includes the Protocol on the accession of the Republic of Kazakhstan to the WTO of the chapter on services. 7 to aid clarity partners are the same legal entity part 8 contract for provision of services to meet the laws and requirements that legal contracts. 9 greater clarity of the reservations include reservations contained in the framework of the company transferred employees and persons travelling for the purpose of the business, to do business, a category definition. 10 is suitable for all requirements and regulations on entry, stay and work. 11 to aid clarity with respect to the Republic of Kazakhstan "economic needs test" is a procedure carried out by legal persons of the Republic of Kazakhstan, attracting līgumpakalpojum providers, in addition to foreign labour admission applicable national labour market conditions. These conditions are met, if after the publication of the vacancy notice in the media and by a competent person in the search database is the competent authority established that none of the applicants did not meet the vacancy notice requirements. This process should not be longer than one month. Only after this procedure, the legal person may complete the procedure līgumpakalpojum provider for recruitment. 12 most clear reservations include reservations contained in the category definitions. 13 in respect of the Republic of Kazakhstan reference includes the Protocol on the accession of the Republic of Kazakhstan to the WTO of the chapter on services. 14 license fee does not include the fee for the use of natural resources, auction fees, fees for the organisation of a competition or other non-discriminatory methods of granting concessions, or minimum payments for the provision of universal service. 15 the exception relating to public order may apply only if a real and sufficiently serious threat to one of the fundamental interests of society. 16 measures designed to ensure the equality or the actual imposition of direct taxation or collection, includes measures which a party by virtue of its tax system and which are: (i)) refers to the investors and service providers who are not residents, acknowledging that the tax obligation of non-residents is determined with respect to taxable values that come from the territory or in the territory; II) applies to non-residents, in order to ensure the imposition or collection of taxes in the territory of the party; III) apply to non-residents or residents in order to prevent tax avoidance or evasion, including compliance measures; (iv)) apply to consumers of services supplied in the territory of the other party or from it, in order to ensure the imposition or collection of taxes on such consumers derived from the party's territory; v) distinction between investors and service providers who are taxpayers on worldwide taxable units from other investors and service providers, recognizing their differences in the tax base; or vi) determine, allocate or broken down by resident or affiliate, or an associated person, or one person's affiliate income, profits, revenues, losses, deductions, or credits, in order to ensure the party's tax base. Tax terms or concepts (f)) and in this footnote is determined according to the tax definitions and concepts, or equivalent or similar definitions and concepts under the party law, which lays down the measures. 17 the term "regional" applies also to regional economic integration organizations, created the internal market by ensuring the free movement of goods and services. 18 in this chapter "fixation" means the embodiment of sounds, or reproductions of how they can be perceived, reproduced, or transmitted by a device. 19 may, in accordance with its laws and regulations restrict the resale right, resale of the subject activities that involve art dealers. 20 the European Union this provision does not apply to modular products. 21 the concept of "medicinal product" in this chapter in the case of the European Union shall apply to medicinal products as defined in European Parliament and Council Directive 2001/83/EC of 6 November 2001 on the Community code relating to medicinal products for human use. 22. The application of article 98 to 110, the term "intellectual property rights" shall include at least the following rights: copyright, related rights, database sui generis right of the creator of the topographies of semiconductor products of the author's rights, the right to a trademark, the right to design, patent rights, including supplementary protection certificates acquired rights, geographical indications, utility model rights, plant variety rights and rights to the trade names, in so far as domestic law these are protected as exclusive rights. 23 considers that the European Union has fulfilled this obligation, if it shall notify any revisions to the Republic of Kazakhstan at the cycle of communication provided by the WTO agreement on government procurement framework. 24 the subsidy is proportionate if it does not exceed what is necessary for that purpose. 25 points of information of the Republic of Kazakhstan is the information point, established in accordance with the GATS agreement. 26 "Nullification or injury" is interpreted as "nullification or injury", under the WTO understanding on rules and procedures governing the settlement of disputes. 27 in particular the European Parliament and Council Regulation (EU) no 233/2014 (in 2014. on 11 March), establishing a financing instrument for development cooperation-2014 to 2020 (OJ EU L 77, 15.3.2014, p. 44) and European Parliament and Council Regulation (EU) no 236/2014 (11 March 2014) establishing common rules and procedures for the implementation of the Union's instruments for financing external operations (OJ EU L 77, 15.3.2014, p. 95). 28 Council Regulation (EU, Euratom) no 966/2012 (2012. on 25 October) on the financial provisions applying to the European Union's general budget, and Council Regulation (EC, Euratom) No 1605/2002 (OJ EU L 298, 26.10.2012, p. 1). 29 the Commission delegated Regulation (EU) No 1268/2012 (2012 October 29) of European Parliament and Council Regulation (EU, Euratom) no 966/2012 on the financial provisions applicable to the general budget of the Union, rules of application (OJ EU L 362, 31.12.2012., p. 1). 30 as defined in Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities ' financial interests, "breach" is the European Union's rules, this agreement or subsequent agreement and contract violations caused by an economic operator action or omission that harms or may harm the European Union's general budget or budgets managed: reducing or losing revenue on behalf of the European Union just created its own resources or through unjustified expenditure. 31 Council Regulation (Euratom, EC) no 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities ' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996. EU, p. 2). 32 European Parliament and Council Regulation (EU, Euratom) No 883/2013 (2013. on 11 September) concerning investigations conducted by the European anti-fraud Office (OLAF), and repealing Regulation (EC) No 1073/1999 and Council Regulation (Euratom) no 1074/1999 (OJ EU L 248, 18.9.2013, p. 1).  
Annex I reservations in accordance with article 46 (A). The reservations of the Republic of Kazakhstan in the Republic of Kazakhstan reserves the right to maintain or adopt any measure which does not comply with the national treatment obligation, as set out below: 1. The underground mining sector 1.1. Surface and underground exploitation in the Republic of Kazakhstan can make a person that carries on business as a legal entity of the Republic of Kazakhstan (such as a subsidiary). 1.2. the State has a priority right to purchase usage rights for underground (or part) and/or object associated with underground rights of use. 2. strategic resources and objects of the Republic of Kazakhstan may refuse to allow legal persons to be controlled by the European Union of the natural or legal persons, and their branches established in the territory of the Republic of Kazakhstan, to do business in connection with the strategic use of resources and/or strategic acquisitions of objects in the Republic of Kazakhstan, if such use or acquisition may cause the concentration of rights one person or group of persons of one country. This condition is mandatory also in respect of affiliated companies as defined in the legislation of the Republic of Kazakhstan of aktos33. The Republic of Kazakhstan may establish limits the strategic resources of the Republic of Kazakhstan and the object ownership and ownership transfer, on the basis of national security interests. 3. Immovable property 3.1. Legal persons in the European Union, which is controlled by natural or legal persons, and their branches established in the territory of the Republic of Kazakhstan may not be privately owned land used for agricultural/forest for agricultural production or planning purposes. Legal persons in the European Union, controlled by the natural or legal persons, and their branches established in the territory of the Republic of Kazakhstan, may be granted the right to temporary use of land for agriculture/agricultural production needs for up to ten years, the right is renewable. 3.2. it is prohibited to land in the border zone of the Republic of Kazakhstan, in the border territories and sea port located in the territory of the entity controlled by EU natural or legal persons, and their affiliates, established in the territory of the Republic of Kazakhstan, privately owned. 3.3. The Republic of Kazakhstan is limited to the borders of the adjacent land lease/hold for agricultural purposes to legal entities controlled by EU natural or legal persons, and their branches established in the territory of the Republic of Kazakhstan. 3.4. Permanent land use rights can not be granted to legal persons under the control of the European Union, natural or legal persons, and their branches established in the territory of the Republic of Kazakhstan. 4. the fauna 4.1 access to biological resources and fishing grounds situated in the Republic of Kazakhstan sovereignty or jurisdiction sea and internal waters, as well as the following resources or fisheries is designed for fishing vessels flying the flag of the Republic of Kazakhstan and which are registered in the territory of the Republic of Kazakhstan unless otherwise specified. Fishing vessels, which include the European Union, the legal person branches established as legal persons of the Republic of Kazakhstan, is not forbidden to fly the flag of the Republic of Kazakhstan. 4.2. use of wild animals in a particular territory or waters of the area, priority should be given to the Republic of Kazakhstan for legal persons. 5. Business requirements for licensing purposes, companies producing goods covered licensing is important to public health, safety or national security reasons, established as legal persons of the Republic of Kazakhstan. 6. The continental shelf the continental shelf of the Republic of Kazakhstan can set limits. B. Disclaimer of the European Union, the European Union reserves the right to maintain or adopt any measure which does not comply with the national treatment obligations, where appropriate, subject to the Member States, as set out below. 1. Mining and quarrying, including oil and gas extraction several Member States of the European Union may impose constraints; The European Union can impose restrictions on legal persons, under the control of the Republic of Kazakhstan by natural or legal persons, which provide oil and natural gas imports, which exceeded 5% of total European Union oil and natural gas imports. 2. Oil, gas, electricity, steam, hot water and heat production in certain Member States of the European Union may impose constraints; The European Union can impose restrictions on legal persons, under the control of the Republic of Kazakhstan by natural or legal persons, which provide oil and natural gas imports, which exceeded 5% of total European Union oil and natural gas imports. 3. Fisheries access to biological resources and fishing grounds situated in the Member States of the European Union sovereignty or jurisdiction marine waters, as well as the following resources or fisheries is designed for fishing vessels of one of the Member States of the European Union flag and registered in the territory of the European Union, unless otherwise specified. 4. Real property, including land, purchase some Member States of the European Union may impose restrictions on real estate, including land acquisition, carried out by legal entities that are controlled by the Republic of Kazakhstan by natural or legal persons. 5. Agriculture, including hunting, in some Member States national treatment does not apply to legal persons under the control of the Republic of Kazakhstan by natural or legal persons, if such persons would like to start a business in the field of agriculture; the acquisition of vineyards by legal persons under the control of the Republic of Kazakhstan by natural or legal persons, must give notice and, where appropriate, to obtain permission. 6. aquaculture operations national treatment will not apply to aquaculture activities in the territory of the European Union. 7. Nuclear fission and fusion of the materials used or the material from which they are obtained by extraction and processing in some Member States of the European Union may impose restrictions.
the Republic of Kazakhstan 33 13 May 2003 the law No. 415 on limited liability companies article 64 and the Republic of Kazakhstan on 22 April 1998, law No. 220-I for companies with limited liability and additional liability companies.   Annex II the limits which apply in the Republic of Kazakhstan, in accordance with article 48 (2) of the European Union legal personality that attracts business people involved in Trek and work sectors that are not, must be involved in the product ražošanā34. In the framework of the company pass the conditions of managerial staff and professional status must be carried out according to the economic needs test prasībām35. When will be the eighth in the five years after the accession of the Republic of Kazakhstan to the WTO, economic needs test will no longer piemēros36. In the framework of the company transferred employees are limited to 50% of the senior managerial staff, managerial staff and specialists in each category, the number of companies where there are at least three such employees. The parties in the framework of the company moved the employee entry and temporary residence permit for a period of three years, on the basis of licences issued by the competent authority each year.
in the framework of the company carried over 34 recruitment under contracts for the use of the underground layer will take place in accordance with the Protocol on the accession of the Republic of Kazakhstan to the WTO. 35 work permits shall be issued only after you have completed the appropriate candidate for the search database of competent authorities and a vacancy published in the media. This procedure shall not exceed one month. Permission to link to the company in the framework of staff allocated after this move procedure completes, if one company has found a local candidate that meets its needs. 36 are applied to all requirements and regulations on entry, stay and work.  Annex III, section III, (trade and BUSINESS) of Chapter 8 (public procurement) DAĻACentrāl 1 of the regulatory authorities, the purchase of which has been covered in the limit values referred to in this agreement, art. 120 c): 300 000 special drawing rights (SDRS) goods and services other than construction services (4 and 5 to this annex.) 7 million SDRS for construction services (part 6 of this annex) European Union Member States of the European Union the central administrations listed in the WTO agreement on government procurement, Appendix 1 to annex 1 of the European Union. This section III of the agreement (trade and business) in Chapter 8 (public procurement) are not included in the unit that are marked with an asterisk (*) in this list, and are not included in the Ministry of defence said. Note: the purchase list covers all of the institutions listed in the purchase of the authorities in the Member States of the European Union all subordinated bodies unless they have a separate legal personality. The Republic of Kazakhstan-Republic of Kazakhstan Ministry of investment and Development-Department of energy of the Republic of Kazakhstan-Republic of Kazakhstan-the Ministry of Agriculture of the Republic of Kazakhstan, the Ministry of national economy-Ministry of Foreign Affairs of the Republic of Kazakhstan-Republic of Kazakhstan healthcare and social Ministry-Ministry of Finance of the Republic of Kazakhstan-Republic of Kazakhstan Ministry of justice-the Republic of Kazakhstan the Ministry of education and science-the Republic of Kazakhstan, the Ministry of culture and sports-national budget execution control accounting Committee-the civil service of the Republic of Kazakhstan and anti-corruption agency-the National Centre for human rights a note : Organisation of the procurement procedure and the implementation of the above mentioned national bodies may carry out the tasks of a single authority designated in accordance with the legislation of the Republic of Kazakhstan. 2. DAĻAReģionāl and local government authorities, the purchase of which has been covered by the limit values referred to in this agreement, art. 120 c): 400 000 special drawing rights (SDRS) goods and services other than construction services (4 and 5 to this annex.) 7 million SDRS for construction services (part 6 of this annex) the European Union all the regional authorities in the Member States of the European Union. Notes: the application of this agreement, "regional authorities" are nuts 1 and 2 administrative units as laid down in the procurement authority, the European Parliament and Council Regulation (EC) no 1059/2003 of 26 May 2003 of a common classification of territorial units for statistics (nuts) izveidi37. The Republic of Kazakhstan-Almaty oblast administration-Atyrau Oblast Administration-administration of oblast Aktob-Akmola oblast administration-East Kazakhstan province oblast administration-Zhambyl oblast administration-West Kazakhstan province administration of oblast-Karaganda Oblast Administration-Kyzylord oblast administration-Kostanay oblast administration-Mangista of the oblast administration-Pavlodar oblast administration-North-South Kazakhstan province, the administration of the oblast's administration of the oblast-Astana City Administration-Almaty City Administration. Note: the Organization of the procurement procedure and the implementation of the above mentioned national bodies may carry out the tasks of a single authority designated in accordance with the legislation of the Republic of Kazakhstan. 3. DAĻAVis of other institutions that purchase is covered (no) 4. DAĻAAptvert goods to the European Union and the Republic of Kazakhstan 1. this agreement applies to all goods procurement procedures carried out by this annex 1 to 3 bodies listed in this agreement, unless otherwise specified. 2. Article 137 of this agreement, the list of goods referred to in the World Customs Organization Harmonized Commodity Description and coding system (HS) HS codes, provided in the table below, identifies this agreement referred to in article 137. Description is provided for informational purposes only.
Nr. HS codes product group 1 0401 0402 milk and cream to 2 0701 to separate Edible vegetables 0707 3 2501 to 2530 other non-metallic mineral products 4 2801 to 2940 of Individual chemicals and chemical products to Individual chemicals 3826 5 3101 and chemical products plastic pipe 6 3917, pipelines, hoses and fittings of plastics 7 4801 newsprint, in rolls or sheets 8 4803 Toilet paper , paper wipes his face, paper towels or napkins, and other paper products to households – home care or health needs – hygiene products to Textiles and 6006 9 5101 textiles 10 7201 to 8113 base metals and articles of base metal 11 8201 to 8311 ready metal products, except machinery and equipment 12 8429 self-propelled bulldozers and bulldozers with interchangeable blade, grader, planētāj, scrapers, mechanical shovels , excavators, shovel loaders, tamping machines and road rollers 13 8501 to 8517 machinery and plant to separate electrical equipment 14 8535 8548 15 870130 16 870190 other track-laying tractors tractors of heading 8701 (tractor not included in heading 87.09) 17 8702 motor vehicles for the transport of 10 or more people, including the driver of the Car and other 18 8703 motor vehicles intended primarily for the carriage of persons (other than those of heading 8702) including camper vans and racing cars 19 8704 motor vehicles for the transport of goods 20 8705 special motor vehicles, other than passenger or freight intended for (for example, technical assistance vehicles, mobile cranes, firefighting vehicles, truck mixers, street tīrītājautomobiļ, laistītājautomobiļ, darbnīcautomobiļ, automobile with x-ray facilities) 21 8716 trailers and semi-trailers; otherwise the vehicle without power; parts 22 8802 helicopters and spacecraft 23 940350 wooden furniture bedroom 24 9405 lamps and lighting equipment 5. DAĻAAptvert services in the European Union and the Republic of Kazakhstan this agreement applies to procurement by 1 and 3 of this annex. authorities listed in part a, the following services, which are defined in the United Nations Provisional Central Product Classification (hereinafter "CPCprov") Chapter 51, on the basis of the WTO services sectoral classification (MTN. GNU/W/120) 38: CPCprov reference no description Telecommunications services 75239 financial audit services audit services Account 86211 86212 86401 market research services management consulting services management consulting With 865 related services 86640 architect services 8672 engineering services 8671-8673 Integrated Engineering urban planning and landscape architectural services 8674 related scientific and technical consulting services 867541 Note: covered services apply restrictions and conditions of each of the parties in the list of specific commitments under the GATS. 6. DAĻAAptvert construction services to the European Union and the Republic of Kazakhstan this agreement applies to procurement procedures carried out by this annex 1 to part 3 lists the authorities for all building services listed CPCprov. Note: covered services apply restrictions and conditions of each of the parties in the list of specific commitments under the GATS. 7. DAĻAVispārīg comments on the European Union to 1. Title III of the agreement (trade and business) in Chapter 8 (public procurement) not covered: (a) purchases of agricultural products), to promote agricultural support programs, and food supply of the population programs (such as food assistance, including emergency assistance); and (b)) the procurement procedure for program material acquisition, development, production or co-production, by broadcasters and contracts for broadcasting time. 2. the procurement procedures carried out by this annex part 1 and 2 included in the procurement authorities, in connection with transactions in the drinking water, energy, transport and postal services sectors is not included in the scope of this agreement, unless they are covered under part 3 of this annex. 3. concerning the åland Islands shall apply. Protocol No 2 on the åland Islands, annexed to the Treaty on the accession of Austria, Finland and Sweden to the European Union, the special conditions. 4. If shopping by authorities, the scope of which is the protection and security, is covered only goods that are low risk and not military material. 5. Procurement procedures procurement authority for goods or service components, which by themselves are not covered in this agreement, are not considered procurement procedures, which are covered in this agreement. 1. The Republic of Kazakhstan of title III of the agreement (trade and business) Chapter 8 (public procurement) not covered: (a) purchases of agricultural products), to promote agricultural support programs (including purchasing food security purposes) and the food supply of the population programs (such as food assistance, including emergency assistance); (b) procurement procedures on programme) material acquisition, development, production or co-production, by broadcasters and contracts for broadcasting time; c) procurement procedures for goods, works and services in accordance with paragraph 3 of article 41 of 21 July 2007 Act No. 303-III on public procurement, if it is includes information on State secrets; (d)) on the procurement procedure and the learning space exploration for peaceful purposes and of international cooperation for the implementation of projects and programmes in the field of outer space; e) of goods work and services procurement procedures that exclusively provides a natural or public monopoly; or f) procurement procedures on financial services, unless they are specified in part 5 of this annex. 2. section III of the agreement (trade and business) of Chapter 8 (public procurement) not apply the advantages set out in favor of small businesses, minority-owned businesses or enterprises employing people with disabilities. Benefits means any type of preferences, such as the exclusive right to deliver goods or services, or any kind of price preferences. 3. section III of the agreement (trade and business) in Chapter 8 (public procurement) not covered procurement procedures carried out within the scope of the agreement of the authorities of the institutions included in the units, which are not included in the scope of the agreement. 4. Procurement procedures procurement authority for goods or service components, which by themselves are not included in this agreement, are not considered procurement procedures covered by this agreement. 5. Procurement procedures in this annex part 1 and 2 included in the procurement authorities, in connection with transactions in the drinking water, energy, transport and postal services sectors is not included in the scope of this agreement, unless they are covered in part 3 of this annex.
PART 37 L154, 21.6.2003, p. 1. 38 except services procurement authorities to purchase from other institutions, subject to the exclusive rights set out in the call for legislative, regulatory or administrative instrument. 39 with respect to the Republic of Kazakhstan – not included in local telecommunications services and radio broadcasting services, including satellite communication, unless they are services provided to foreign satellite operators of the Republic of Kazakhstan legal entities having the license of telecommunications services, as defined in the GATS of the Republic of Kazakhstan in the list of specific commitments. 40 except arbitration and conciliation services. 41 except Earth determine the legal limits of detection, to determine who carried out from the air, and aerokartogrāfij, and except СРС 86754 as defined in the GATS of the Republic of Kazakhstan in the list of specific commitments.
 Annex IV, section III (trade and BUSINESS) in Chapter 8 (public procurement) these media, which publishes information and notices of procurement 1. DAĻAPlašsaziņ, which publishes information on procurement in the European Union: European Union official Vēstnesishttp://simap.europa.eu BEĻĢIJALikum, Royal Decree, the provisions of the Ministry the Ministry circular, le Moniteur BelgeJudikatūr-Pasicris-BULGĀRIJANormatīv instruments-Държавен вестник (State Gazette) judicial decisions-URwww.sac.government.bgVisp external administrative rulings and the applicable administrative process, and Czech www.aop.bg www.cpc.bg REPUBLIKANormatīv Sbírka zákonů law – České republiky (Czech law) decisions of the Office for protection of competition- Decisions of the Office for protection of competition of the item DĀNIJANormatīv instruments-LovtidendeTies ruling-Ugeskrif for Retsvaesen administrative rulings and procedures – MinisterialtidendeValst procurement decisions of the boards of appeal-Konkurrencerådet a VĀCIJATiesīb Dokumentation laws and regulations-BundesanzeigerTies ruling: Entscheidungsammlungen des Bundesverfassungsgericht, the Bundesgerichtshof Bundesverwaltungsgericht Bundesfinanzhof,, the Oberlandesgericht IGAUNIJANormatīv scope fits the instruments and generally applicable to administrative decisions: Riigi TeatajaIgaunij of the Supreme Court ruling: the Riigi Teataja (part 3) ĪRIJATiesīb laws and regulations-IRIS Oifigiúil (the official newsletter of the Irish Government) GRIEĶIJAGrieķij Official Journal of the Republic of Εφημερίδα της Δημοκρατίας της Ελληνικής Κυβερνήσεως-SPĀNIJATiesīb legislation-Boletin Oficial EstadoTies of des rulings – not published in the official acts of the FRANCIJATiesīb-Journal Officiel de la République françaiseJudikatūr-arrêt du Conseil d [2001] ECR des ' Et des marché is a Revue of novin-publics HORVĀTIJANarodn http://www.nn.hr ITĀLIJATiesīb Gazette-legislation-UfficialeJudikatūr-KIPRATiesīb not officially published legislation-official newspaper of the Government of the Republic (Επίσημη Εφημερίδα της Δημοκρατίας) judicial decisions: the Supreme Court's judgments – typography (Αποφάσεις Ανωτάτου Δικαστηρίου Τυπογραφείο της Δημοκρατίας 1999-) legislation-"LATVIJATiesīb Latvian journal" (official newspaper) LIETUVANormatīv instruments and administrative rules-official Gazette of the Republic of Lithuania ("will" Valstybė Zinios) judicial decisions case law-Lithuania, the Supreme Court's newsletter "Teismų practice"; Lithuanian administrative courts bulletin tiesasAugstāk "Administracinių teismų practice" legislation-MemorialJudikatūr-LUKSEMBURGANormatīv-Pasicris-UNGĀRIJATiesīb legislation-Magyar Közlöny (Official Gazette of the Republic of Hungary)-in Case Közbeszerzés Közbeszerzések TanácsaHivatalo of a Lapj Értesítő (Bulletin of public procurement-procurement Council official Gazette) in instruments-MALTANormatīv Government Gazette NĪDERLANDETiesīb legislation-Nederlandse Staatscouran and/or case law, Staatsblad officially published legislation-Ősterreichisch AUSTRIJATiesīb's ZeitungTies Amstsblat the Bundesgesetzblatt zur Wiener award, Sammlung von Entscheidungen des case-VerfassungsgerichtshofesSammlung der Entscheidungen des administrativrechtlicher und finanzrechtlicher TeilAmtlich, the Verwaltungsgerichtshof-Sammlung der Entscheidungen des the OGH in Zivilsachen Legislation-Ustawa POLIJATiesīb Rzeczypospolitej Polskiej Dziennik (the Polish Law Journal), the case-law of the Court ruling, "the publiczn w Zamówieni law. The orzeczeni of the arbitrów Wybran zespoł Okręgoweg of the Sąd w i Warsaw "(arbitration and the Warsaw regional court ruling team) PORTUGĀLETiesīb legislation-Diário da República Portuguese 1a 2a-A e Sér sér judicial decisions – we do Ministério da JustiçaColectâne Bolets de Acordo do administrative SupremoTribunal; Colectâne de Jurisprudenci Relaçõ RUMĀNIJANormatīv acts of the Das in the Monitorul Oficial al-Români (Romanian Official Gazette) judicial decisions of general application administrative rulings and administrative procedure – www.anrmap.ro SLOVĒNIJATiesīb – law of the Republic of Slovenia official laikrakstsTies ruling-not published in the official SLOVĀKIJATiesīb of nationwide legislation-zakonov (law) Court ruling — not published in the official SOMIJASuomen Säädöskokoelm – Finlands Författningssamling (Finnish law) ZVIEDRIJASvensk Författningssamling (Swedish law code) joint legislation-HM Stationery KARALISTETiesīb OfficeJudikatūr-Law ReportsSabiedrisk authorities, HM Stationery Office on behalf of the Republic of Kazakhstan The Government of the Republic of Kazakhstan: procurement Web site http://goszakup.gov.kzJuridiska information system of the Republic of Kazakhstan law http://adilet.zan.kz 2. DAĻAPlašsaziņ means for the publication of the communication on the European Union to the official journal of the European Union to the Republic of Kazakhstan Vēstnesishttp://simap.europa.eu from the Government of the Republic of Kazakhstan shopping website vietnehttp://goszakup.gov.kz SECTION III of annex V (trade and BUSINESS), chapter 14 (settlement of disputes) that the arbitration rules of procedure General provisions 1. Title III of the agreement (trade and business), chapter 14 (settlement of disputes) and in accordance with the rules of procedure : a) "Adviser" means a person that is a party to the dispute has been hired by to advise or assist in connection with arbitration proceedings; (b) the "arbitrator") is 177 of this agreement in accordance with the procedure laid down in article created by a member of the arbitration; (c)) "officer" means a person who, in accordance with the provisions of the appointment of the arbitrator, shall carry out investigations or help this arbitrator; (d)), "applicant party" means any party which, in accordance with article 176 of the agreement requires arbitration; (e)) "the defendant party" is a party that is alleged to violate this agreement. the provisions referred to in article 173; (f) "arbitration" means) in accordance with article 177 of this Agreement created by the Tribunal; g) "party representative" means an employee or any other person who is designated by the party to represent the party in the dispute in connection with this agreement; h) "day" means calendar days; I) "working day" means a day that is not a holiday, Saturday or Sunday. 2. the Parties shall bear the expenses related to organizational issues, including the remuneration and expenses of the arbitrators. 3. The request for notification, consultation and request for the establishment of the arbitration to the other party by electronic means, fax, registered mail, courier or telecommunication means, if they register the fact of dispatch. 4. each party to the dispute and the arbitration shall send any document, other than a request for consultation and request for the establishment of the Tribunal, with the electronic mail, fax, registered mail, courier or telecommunication means, if they register, of the transmission of the document to the other party and where applicable for each arbitrator. Unless proven otherwise, the e-mail is considered to be received by the date of dispatch. If any of the attached documents are confidential or too large to send by e-mail, the sender of the document side can provide service to the other party and, where appropriate, each arbitrator to other electronic means within one day after sending the e-mail. In such cases, the party that sends a document, inform the other party and, where applicable, each arbitrator by email about this document and provide guidance as to its content. 5. Any communication addressed to the Government of the Republic of Kazakhstan respectively and the Directorate-General for trade of the European Commission. In accordance with the rules of paragraphs 3 and 4 the Parties shall exchange information concerning the electronic means 30 days after initiation of title III of the agreement (trade and business). Any changes in connection with electronic mail addresses or other electronic means, without delay, notify the other party and, where applicable, to the Tribunal. 6. details of clerical error requests, notifications submitted proof of written reports or other documents related to the proceedings of the arbitral tribunal may correct, promptly submitted a new document clearly indicating changes. 7. If the document submission deadline on the last day is a Saturday, Sunday or official holiday in the European Union or the Republic of Kazakhstan, on the last day of the period for submission of the next working day is considered. If the document is filed for a half day in the party's official holiday, the document is deemed to have been submitted on the next working day. The document shall be deemed to have been received the day it was sent. The arbitration proceedings started 8. a) where, pursuant to article 177 of the agreement or these rules 19, 20, or 47, all members of the arbitral tribunal shall be chosen by drawing lots, drawing lots of the claimant party's specific location and time, immediately notify the respondent party. If the defending party wants, it can be present at the draw. In any case, the presence of the raffle takes place, the party or parties that come. (d)) where, pursuant to article 177 of the agreement or these rules 19, 20, or 47. the point is, any member of the Arbitration Board are chosen by drawing lots and the cooperation Committee's co-chairpersons, draw out the two co-chairs or their authorised persons; If the Chairman or his authorised person does not want to make a draw, draw out the other Chairman. (c)) the Parties shall notify the arbitrators selected for their appointment. d) 177 of this agreement in accordance with the procedure laid down in article appointed arbitrator within five days of receipt of the information about your appointment to confirm Cooperation Committee its willingness to be a member of the Tribunal. e) unless the parties to the dispute agree otherwise, the arbitration the parties organized a meeting with the personal participation or other means of communication within seven days after the establishment of the Tribunal. The parties and the arbitral panel shall determine the issues between the parties and the arbitral tribunal considers appropriate, including the remuneration of the arbitrators and those Billable expenses. Remuneration and expenses comply with WTO standards. 9. a) unless the parties within five days from the day of the selection of the arbitrators do not agree otherwise, the Tribunal's powers are as follows: "taking into account the relevant provisions of the agreement that are referenced by the parties to the dispute, to examine the request for the establishment of the Tribunal, to rule on the compatibility of the measure with article 173 of this agreement those provisions and to prepare a report in accordance with this agreement, 180, 181.182. and article 195." (b)) the parties within three days from the date of the agreement must notify the Tribunal agreed. Original materials 10. The claimant party shall submit written evidence originally submitted funds no later than 20 days from the establishment of the Tribunal. The defending party shall submit its written response no later than 20 days from the originally submitted written evidence of receipt of funds. 11. All the activities of the Arbitration Board shall be chaired by the Chairman of the Arbitration Board. The Arbitration Board may delegate to the President the authority to make administrative and procedural decisions. 12. section III of the agreement (trade and business), chapter 14 (settlement of disputes) otherwise, the arbitral tribunal may conduct its work, by any means, including phone, fax, or datorsakar. 13. The arbitral tribunal may participate in the deliberations of the arbitrators, however, only the Tribunal may allow such discussions to attend the arbitrators ' assistants. 14. the preparation of any report solely for the Tribunal, and this responsibility may not be delegated. 15. If a procedural matter that is not covered in section III of the agreement (trade and business) of Chapter 14 (settlement of disputes) of this agreement, the rules and the V to VII, the Tribunal may, after consultation with the parties to act in accordance with any appropriate procedure, which is compatible with those provisions. 16. If the arbitral tribunal considers it necessary to amend any of the procedural time limits, except for section III of the agreement (trade and business), chapter 14 (settlement of disputes) deadlines, or the need to carry out any other procedural or administrative adjustments, it shall inform the parties to the dispute about these changes or correction and on the introduction or revision. 17. replacement of arbitrators If the arbitration process that is in accordance with section III of the agreement (trade and business), chapter 14 (settlement of disputes), an arbitrator is unable to participate, go from this post or needs to be replaced due to the lack of conformity set out in annex VI of this agreement, the requirements of the code of conduct, a substitute is chosen in accordance with article 177 of this agreement and the rules of paragraph 8. 18. If a party to the dispute considers that an arbitrator does not comply with the requirements of the code of conduct and for this reason he should be replaced, that party shall inform the other party to the dispute within 15 days from the date when it has evidence proving the material the arbitrators code of conduct violation. 19. If a party to the dispute considers that any arbitrator except the President, does not meet the requirements of the code of conduct, the parties to the dispute shall consult and if they agree that the arbitrator shall be replaced, choose a new arbitrator in accordance with article 177 of this agreement and the rules of paragraph 8. If the parties to the dispute fail to agree on the need for a replacement arbitrator, any party to the dispute may request that the matter be referred to the Chairman of the arbitral tribunal, whose decision is final. If, pursuant to such request, the Chairman concluded that an arbitrator does not comply with the requirements of the code of conduct, the new arbitrator selected in accordance with article 177 of this agreement and the rules of paragraph 8. 20. If either party considers that the Chairman of the Arbitration Board does not meet the requirements of the code of conduct, the Parties shall consult and if they agree that the President must be replaced, choose a new President in accordance with article 177 of this agreement and the rules of paragraph 8. If the parties do not agree on the need to replace the President, any party may request that the matter be referred to any other person for the President list of candidates referred to in article 196 of this agreement 1. Its name and draw Cooperation Committee Chairman or his representative. Following the decision of the person chosen needs to replace the President is final. If the selected person decides that the original Chairman does not meet the requirements of the code of conduct, it chooses a new President, by drawing lots of other people who are on the list of candidates, the President referred to in this agreement, article 196, paragraph 1. New President chosen in five days from the decision referred to in this paragraph. 21. Arbitration is suspended until this procedure takes place on 18, 19 and 20 of the procedures laid down. 22. The Chairman of the Arbitration Board hearings, in consultation with the parties to the dispute and the other members of the arbitral tribunal, the Court set the hearing date and time and to confirm in writing to the parties to the dispute. This information shall be made public by the party responsible for the administration of the logistic process, if one is not a closed hearing. Unless one of the parties does not object, the Tribunal may decide not to convene the hearing. 23. Unless otherwise agreed by the parties, the hearing in Brussels, if the applicant is a party of the Republic of Kazakhstan, and Astana, if the applicant is a party to the European Union. 24. The Arbitration Board may convene additional meetings, if the parties agree. 25. all arbitrators are present throughout the hearing. 26. Regardless of whether the case is open or closed, the hearing may participate in the following persons: (a) the parties to the dispute); (b) the parties to the dispute) consultants; c) administrative staff, interpreters, translators and Court the rapporteur and d) arbitrators ' assistants. The arbitral tribunal may take the floor only to the representatives of the parties to the dispute and the consultants. 27. each party to the dispute no later than five days before the hearing date shall be submitted to the Tribunal a list of the persons concerned, on behalf of the parties at the hearing of oral argument in the snow, and the rest of the list of agents or consultants who will participate in the meeting. 28. The arbitration hearing, the applicant party and the defendant party allocates equal time, and its progress is as follows. (A) a statement of the argument), the applicant's arguments set out in the party; (b)) the responding party's argument. The rebuttal arguments: (a) the applicant's arguments the parties) statement; (b)) the responding party provided the answer. 29. At the hearing, the Tribunal may any of the parties to the dispute at any time to ask questions. 30. The Tribunal shall provide a record of each trial and the transfer of the Protocol, the parties to the dispute as soon as possible. The parties to the dispute may provide comments on the Protocol, and the Tribunal may take into account in this note. 31. each party to the dispute within ten days of the date of the hearing may submit written proof of additional features on any question arising during the hearing. 32. Written questions the Tribunal at any stage in the proceedings can ask questions in writing, to any party to the dispute or to both parties. Each party to the dispute receives all the arbitration of questions asked. 33. the Party shall submit the dispute to the other party to the dispute to arbitration questions answer provided a copy. Each party to the dispute are given the opportunity to provide written comments on the reply of the other party within five days from its receipt. Privacy 34. each party to the dispute and its consultants as confidential information that the other party to the dispute is submitted to arbitration and confidentiality that the other party has indicated. If one of the parties to the dispute shall be submitted to confidential arbitration, a party to a written proof of funds, the party at the request of either party, and no later than 15 days after receipt of the request or the allocation of funds, the submission (based on the later of those dates), also provides a means of proof submitted contained a non-confidential summary of the information that may be disclosed to the public, as well as an explanation for why the undisclosed information is confidential. Nothing in this rule shall prevent a party to the dispute to disclose to the public their positions if the statement, referring to the information provided by the other party, not be disclosed confidential information about the other party has indicated. The Tribunal is in the closed sessions, if any part of the information supplied and the presentation contains confidential information. The parties to the dispute and their advisors ensure the confidentiality of the arbitration hearing, if a hearing is closed. Arbitration in the non-confidential version of the report 35. If the arbitration report contains information that the party considers to be confidential, the Tribunal prepares non-confidential version of the report. Enables the parties to comment on the non-confidential version, and the Tribunal shall take into account their comments, final report to the non-confidential version. Ex parte communications 36. Arbitration is not and does not communicate with the party being present to the other party. 37. None of the arbitrators shall not discuss cases pending aspects of the subject with one side, or both sides, did not present the other arbitrators. Amicus Curiae submitted proof features 38. The three-day parties from the date of establishment of the arbitration otherwise agree, the Tribunal may accept the voluntary submissions for the allocation of the funds from the natural or legal persons who are established in one of the parties to the dispute of territory which is independent of the Governments of the parties, if it is submitted within ten days of the establishment of the Tribunal, if they are brief and in no case more than 15 printed pages with double spacing between lines and speak directly to one of the actual arbitration or legal issue. 39. together with the means of proof indicates information about the applicant (physical or legal person), including his nationality or place of establishment, types of activity, legal status, objectives and General source of financing, as well as specifying how the person affects the particular arbitration. The application shall be drawn up in one of the languages, by the parties to the dispute in accordance with the selection rule 42 and 43. point. 40. The Tribunal in his report indicates all received the allocation of funds that meet this rule 38 and 39 points. In its report, the Tribunal need not address the following products include proof arguments. The following means of proof shall notify the parties to the dispute, which may make observations. The parties to the dispute shall submit a note showing the ten days following the receipt of the funds, and the Tribunal shall take into account the. Urgent procedure 41. section III of the agreement (trade and business), chapter 14 (settlement of disputes) in such urgent cases, the Tribunal, after consultation with the parties, as appropriate, adjust the periods referred to in these rules and on the following adaptations shall notify the parties. Written and oral translation 42. The consultation referred to in article 174 of this agreement, and no later than this rule of point 8 (e)) at that meeting the parties to the dispute, the Parties shall endeavour to agree on a common working language in the arbitration process. 43. If the parties to the dispute fail to agree on a common working language, each Party shall submit their written evidence in its choice of means. In this case, the Party shall supply a translation into the chosen language of the other party, unless they are written means of proof, not in one of the working languages of the WTO. The defendant organizes the oral submissions of the parties choose translation languages. 44. The Tribunal shall notify the parties to the dispute of the messages involved in the chosen language or languages. 45. any party to the dispute may submit comments on the rules of procedure drawn up in accordance with this document the translation quality. 46. Each Party shall bear the costs for the translation of written proof of funds. The cost of arbitration the message translation shall be borne by the parties to the dispute in equal shares. Other procedures 47. this rule should apply also to the procedures established in accordance with this agreement, 174.184. Article 2, paragraph 2 of article 185, 186, article 3. point and point 2 of article 187. However, in that the deadlines set out in the rules of the Arbitration Board is adjusted in accordance with specific deadlines, the Tribunal has determined that the adoption of the report in those other proceedings.  SECTION III of ANNEX VI (trade and BUSINESS), chapter 14 (DOMSTAPĪB resolution) the arbitrators ' and mediators code of conduct definitions 1. This code of conduct: (a) the "arbitrator") is 177 of this agreement in accordance with the procedure laid down in article created by a member of the arbitration; (b)) "applicant" means the natural person whose name is included in article 196 of this agreement that the list of arbitrators and that nomination is pending the appointment of the arbitrator in accordance with this agreement, 177. Article; (c)) "officer" means a person who, in accordance with the provisions of the appointment of the arbitrator, shall carry out investigations or help an arbitrator; (d)) "process"-unless otherwise determined in the arbitration proceedings-pursuant to section III of the agreement (trade and business), chapter 14 (settlement of disputes), e) arbitrators "staff" means persons who work under the direction and authority of the arbitrators and not assistants. f) "mediator" is a person who performs the duties of a mediator in accordance with annex VII of this agreement; Procedural obligations 2. any candidate and the arbitrators the arbitrator shall refrain from inappropriate behavior and activities that may seem inappropriate, is independent and impartial, shall avoid direct or indirect conflicts of interest and act according to the high cultural norms of conduct to keep the dispute settlement mechanism of honesty and impartiality. Former arbitrators must comply with this code of conduct of 15, 16, 17 and 18 of the provisions. 3. the obligation of disclosure before a person is confirmed as an arbitrator in accordance with section III of the agreement (trade and business), chapter 14 (settlement of disputes), the applicant shall inform about interests, relationships or matters that might affect the his independence or integrity or could reasonably lead to the impression of no decency or bias in the process. For that purpose, the candidate is doing everything possible to find out about such interests, relationships and matters. 4. Issues relating to the actual or possible violations of this code of conduct or the arbitrator shall communicate to the Commission of cooperation to the parties for consideration. 5. upon appointment, the arbitrator shall continue to do everything possible to learn about the rules of the code of conduct for interest referred to in 3., or the possibility of the matter and inform the being. The disclosure obligation is an ongoing, which puts an arbitrator inform such interests, relationships or matters arising at any stage in the proceedings. Such an interest, relationship or matter arising in writing to a member of the Liaison Committee, to the parties for consideration. 6. obligations of the arbitrators have confirmed the appointment of the arbitrator, the arbitrator is available in the tasks and the whole process made them in good faith and diligent, diligently and without delay. 7. the arbitrator shall consider only those issues raised in the course of the proceedings and arbitration is needed message, and not delegate this responsibility to another. 8. The arbitrator shall take all measures necessary to ensure that it Assistant and staff aware of this code of conduct 2., 3., 4., 5., 16, 17 and 18 and follow the rules. 9. The arbitrator shall not engage in any ex parte communications in connection with the process. The independence of the arbitrators and the integrity of the arbitrator 10. is independent and impartial, shall refrain from performing actions that might give the impression that the action is inappropriate or biased, and did not affect the selfish interests of external pressure, political considerations, public protests, loyalty to any party or fear of criticism. 11. the arbitrator shall neither directly nor indirectly assumes no obligation and does not accept benefits that could in any way influence or give the impression that they affect its proper execution of duties. 12. the arbitrator shall not use their position to arbitration, in order to implement the personal or private interests. The arbiter shall refrain from actions that might give the impression that anyone could be affected. 13. The arbitrator prevents financial, business, professional, personal, or social relationships or responsibilities affect his actions or judgments. 14. The arbitrator shall refrain from coming into a relationship or of any financial interest in the acquisition, which could affect its integrity or that reasonably could lead to no decency or bias. The duties of the former arbitrator 15. All former arbitrators should avoid performing actions that might suggest that they are in the execution of their duties would have been biased or been interested in arbitration decision or report. Privacy 16. neither the current nor former arbitrator never gets and does not use the confidential information related to the process or to obtain it, except where the needs of the process and the information never gets and not used for personal gain for themselves or other persons or adversely affect the interests of other parties. 17. The arbitrator shall disclose arbitration or part of the message before it is not published in accordance with section III of the agreement (trade and business), chapter 14 (settlement of disputes). 18. neither the arbitrator nor the former arbitrator will never disclose information about the deliberations of the Tribunal nor, nor any arbitrator views. Expenses 19. each arbitrator shall record and provide a final report on the amount of time spent and process your expenses, as well as his assistant and staff time spent and expenses. Mediators 20. This code of conduct sets out the applicable to arbitrators or former arbitrators, apply mutatis mutandis to the mediators.  Annex III SECTION VII (trade and BUSINESS), chapter 14 (settlement of disputes) that the institution of mediation 1. PANTSMērķ the purpose of this annex is to facilitate a mutually agreed solution, using comprehensive and speed up the procedure, which involved the mediator. A IEDAĻAMEDIĀCIJ mechanism procedure article 1 2 a request for mediation procedures before the initiating party may, at any time, to request information in writing on the measure which adversely affects trade or investment between the parties. The party to whom such a request the consulting, 20 days from the receipt of the request provide a written response which shall include their comments on the information specified in the request. 2. If the defending party considers that it would not be able to give an answer within 20 days after receipt of the request, it shall promptly notify the other party of the reasons for the delay and tells you which, in its estimates, the shorter the period within which it will be able to give an answer. 3. start PANTSProcedūr 1., by a party to the other party a written request, may at any time request that the parties involved in the mediation procedure. The request is sufficiently detailed to clearly specify the requesting party's concerns, and that it: (a) the specific subject) measure b) indicates adverse effects on trade or investment between the parties, in the applicant's view, the parties, the measure creates or will create a and c) explain how (by the applicant parties) this effect is associated with the event. 2. The mediation procedure may be initiated only if the parties mutually agree. If, in accordance with paragraph 1 is expressed in the request, the party to which the request is made, the responsive and, within ten days of the receipt of a written response, the request of the requesting Party accepting or rejecting. 4. Select PANTSMediator 1. Parties shall endeavour to agree on a mediator within 15 days from the day of receipt of the article 3 of this annex referred to in paragraph 2. 2. If the parties do not agree on mediators in paragraph 1 of this article, the time limit specified, any party may request the President of the cooperation Committee or his authorized person by drawing lots to designate a mediator from the list drawn up in accordance with article 196 of this agreement 1. Representatives of the two parties in sufficient time to be invited to be present at the draw. In any case, the presence of the raffle takes place, the party or parties that come. 3. the cooperation Committee Chairman or his authorised person shall designate a mediator within five days of the request referred to in paragraph 2. 4. If, at the time when the request is submitted in accordance with annex 3. Article, article 196 of this agreement provided for in paragraph 1, the list is created, the mediator is chosen by drawing lots from a list of persons officially proposed by one or both of the parties. 5. Unless otherwise agreed by the parties, the mediator is not a citizen of one of the parties. 6. The Mediator in an objective and transparent manner can help the parties to clarify all issues arising in connection with the event and its possible effects on trade, as well as to achieve a mutually agreed solution. 7. This agreement, set out in annex VI of the members of the Tribunal and the code of conduct for mediators the mediator shall apply mutatis mutandis. 8. Apply mutatis mutandis to this agreement also contained in annex V of the rules of procedure, rule 3 to 7 (statement) and 42 to 46. rules. (written and oral translation). 5. the rules of procedure PANTSMediācij 1. The party which initiated the mediation procedure within ten days of the date of appointment of the mediator, the mediator shall provide in writing to the other party and a detailed description of the problem, in particular as regards the operation of the measure and its effects on trade. The other half 20 days from the date of receipt of this description may provide written comments on the description of the problem. Each party in their description or prepared notes can include any information which it deems appropriate. 2. The Mediator may decide on the most appropriate way to end the confusion about the event and its possible impact on trade. The mediator may, in particular, meetings between the parties to consult with both parties together or with each of the individual, to go for help or consult with relevant experts and stakeholders and to provide all the additional support requested by the parties. Before the mediator turns for help or consult with relevant experts and stakeholders, he shall consult with the parties. 3. The Mediator does not give advice or comment on the conformity of the measures under this agreement. The mediator can advise and propose solutions for consideration by the parties. The parties may accept or reject the proposed solutions or to agree on a solution. 4. Mediation is taking place within the territory of the party to which the request is addressed, or by agreement, or by other means. 5. the Parties shall endeavour to arrive at a mutually agreed solution within 60 days from the date of the appointment of the mediator. Before the final agreement, the parties may consider possible temporary solutions. 6. Mutually agreed solution or a temporary solution can be taken with the cooperation Committee. Mutually agreed solutions to the public. However, the published version does not contain the information for which a party has indicated that it is confidential. 7. At the request of the parties, the mediator shall provide to the parties a written statement of the facts, i briefly describe the procedures) the issues to be dealt with; (ii) compliance with procedures); III) all mutually agreed solutions to achieve this outcome, including the possible temporary solutions. Mediator allows the parties 15 days to submit comments on the draft outline. Then, when the time limit is considered received the comments of the parties, the mediator shall be submitted in writing within 15 days to the parties the final statement of the facts. Statement of the facts does not involve the interpretation of this agreement. 8. the procedure shall be terminated: (a)) the Parties adopting a mutually agreed solution, the date of its adoption; (b)) at any stage of the procedure by mutual agreement between the parties – the day of that agreement; (c)) with written notice that further mediation is useless, what the mediator shall prepare, after consultation with the parties, the said provision of the day of notification; or (d)) with a written statement prepared by a party, after having studied the mediation procedure proposed mutually agreed solutions and considering all the tips offered by mediators and the proposed solutions, the provision of this notice. (B) the IMPLEMENTATION of a Mutual acceptable solution 6 implementation 1. when the parties reach an agreement on the solution, each party, within the time limit as agreed to take the measures necessary for the implementation of a mutually agreed solution. 2. the party conducting the exercise, notifies the other party in writing of any action or measures taken for the implementation of a mutually agreed solution. (C) IEDAĻAVISPĀRĪG rules 7. Confidentiality in relation to the settlement of disputes 1. Unless the parties agree otherwise, and without prejudice to article 5 of this annex, point 6, all stages of the procedure, including tips and suggested solutions, are confidential. However, any party may make public the fact that going in the mediation procedure. 2. Mediation procedure does not affect the rights and obligations of the parties set out in section III of the agreement (trade and business), chapter 14 (settlement of disputes) or any other agreement. 3. before starting the mediation procedure consultation is required under section III of the agreement (trade and business), chapter 14 (settlement of disputes). However, the party before the initiation of mediation normally should use the other provisions laid down in this agreement for cooperation and consultation. 4. the party in other dispute settlement procedures that take place in connection with this or other agreement is not used on the grounds or evidence, and the Tribunal shall not be taken into account: (a)) position of the other party in the mediation procedure or under 5 of this annex. Article 2 of the information collected; (d)) the fact that the other party has expressed its willingness to accept a solution, covered by mediation, or c) tips or mediators. 5. The Mediator is an arbitrator of the dispute settlement procedure under this agreement or any other agreement of the WTO and which relate to the same question, to which he was the mediator. 8. PANTSTermiņ every time limits referred to in this annex may be amended by mutual agreement of the parties. 9. PANTSIzmaks 1, each Party shall bear its own expenses incurred in participating in the mediation procedure. 2. the parties jointly and equally bear the expenses related to organizational issues, including the remuneration and expenses of the mediator. The mediator's remuneration the remuneration of the Chairman of the Arbitration Board shall meet, as provided in this agreement, the rules of procedure set out in annex V, point 8 e).  Protocol on mutual administrative assistance in customs matters 1. Definitions in this Protocol: a) "customs legislation" means the legislation or regulatory provisions applicable in the territories of the Parties governing the import, export, transit of goods and their placing under any other customs regime or procedure, including measures of prohibition, restriction and control; d) "applicant authority" shall mean a competent administrative authority which requests assistance pursuant to this Protocol, and which side is designated for that purpose; c) "requested authority" shall mean a competent administrative authority which receives a request for assistance under this Protocol, and which side is designated for that purpose; (d) "personal data") is any information relating to an identified or identifiable person; e) "operation in breach of customs legislation" means any legislation in the field of customs violation or any attempted violation. 2. the scope of the Actions 1. the Parties shall assist each other, in the areas within their competence in such manner and under such conditions as laid down in this Protocol, to ensure that customs legislation is correctly applied, by preventing, investigating and combating operations in breach of such legislation. 2. the assistance provided for in this Protocol, customs matters of the Parties shall apply to all regulatory authorities, which are competent for the application of this Protocol. This does not prejudice the rules governing mutual assistance in criminal matters, and it also does not cover the exchange of information obtained under powers exercised at the request of the judicial authorities, except where such bodies are authorized to provide this information. 3. this Protocol shall not apply to the assistance of taxes, duties or for the recovery of fines. 3. PANTSPalīdzīb on-demand 1. at the request of the applicant authority, the requested authority shall furnish it with all relevant information which may allow it to ensure the correct application of customs legislation, including information regarding activities detected or planned which are or could be operations in breach of customs legislation. 2. at the request of the applicant authority, the requested authority shall inform the requesting authority: a) of the circumstances (facts and conditions) for the export of goods from the territory of a party and of imports in the territory of the other party, specifying, where appropriate, the customs procedure applied to the goods; (b)) of the circumstances (facts and conditions) imports of the product in the territory of either party and for export from the territory of the other party, specifying, where appropriate, the customs procedure applied to the goods. 3. at the request of the applicant authority, the requested authority shall in accordance with its legislation or regulatory provisions, take the necessary steps to ensure special surveillance of: (a)) natural or legal persons of whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation; b) places where stocks of goods have been established, for which there are reasonable grounds for believing that transactions which are customs legislation; c) transported goods or for goods transport, in respect of whom there are reasonable grounds for believing that the operation is in progress, which is the customs legislation; d) vehicles transporting goods in respect of which there is reason to believe that the operation is in progress, which is the law in the field of customs. 4. PANTSNeplānot help the parties on their own initiative and in accordance with its national legislation or regulatory provisions provide each other with assistance if they consider that to be necessary for proper legislation for the application of customs legislation, particularly by providing information on: (a)) activities which are or appear to be operations in breach of customs legislation, and which the other party might be interested; b) new means or methods employed in activities which are in breach of customs legislation; c) goods known to be subject to operations in breach of customs legislation; (d)) natural or legal persons of whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation; e) means of transport for which there are reasonable grounds for believing that they have been used, is being used or likely to be used in operations in breach of customs legislation. 5. PANTSPiegād and the notification received by the request of the applicant authority, the requested authority shall, in accordance with its applicable laws or regulatory provisions, take all necessary measures to deliver the request of the applicant authority, documents or notify the requesting authority decisions, falling within the scope of this Protocol to an addressee, residing or established in which the requested authority in the territory. Requests for delivery of documents or notification of decisions shall be made in writing in an official language of the requested authority or in a language acceptable to that authority. 6. PANTSPalīdzīb method and content of the request 1. Requests pursuant to this Protocol shall be made in writing. They shall be accompanied by the documents necessary to fulfill the request. If you need urgent help, you can accept oral requests for assistance, but they must immediately confirm in writing. 2. in accordance with paragraph 1 of the requests indicates submitted the following information: a) the applicant authority; (b) the purpose of the request and) justification; (c)) the measure requested; d) laws or rules and other legal elements involved; e) accurate and complete instructions for natural and legal persons under investigation; (f) a summary of the relevant facts) and the investigations already carried out; g) any other relevant information necessary to fulfill the request. 3. the request shall be submitted to the official language of the requested authority or in a language acceptable to that authority. This requirement does not apply to documents accompanying the application in accordance with paragraph 1. 4. If a request does not meet the requirements set out in paragraphs 1 to 3 may require its correction or addition, can be determined in the meantime precautionary measures. 7. performance of 1 PANTSPieprasījum. to comply with a request for assistance, the requested authority shall within the limits of its competence and available resources proceed as though acting on its own initiative or at the other side of these same authorities, providing information that is already in its possession, making the investigation or by arranging for them to be. This also applies to the other institutions, to which the requested authority is turning if it cannot meet demand alone. 2. Requests for assistance shall be executed in accordance with the requested party's laws and regulatory provisions. If the request cannot be complied with, without delay inform the applicant. 3. duly authorised officials of a party with the consent of the other party and subject to the conditions that may be present in the requested Party or another according to the paragraph 1, the authority involved offices to obtain information that the requesting authority necessary for the attainment of the objectives of this Protocol, in relation to activities that are or may be operations in breach of customs legislation. 4. duly authorised officials of a party with the consent of the other party and subject to its conditions, may take part in the latter's territory investigation. 8. the provision of Information in the form of 1. the requested authority the results of the investigation, the applicant authority shall notify in writing to the relevant documents, certified copies or other items. 2. This information may be computerised. 3. Original documents shall be transmitted only upon request in cases where certified copies would be insufficient. These originals as possible returned. 9. PANTSIzņēmum from the obligation to provide assistance 1. Assistance may be refused or may be provided only if you have the satisfaction of certain conditions or requirements, in cases where a party is of the opinion that assistance under this Protocol: (a)) could endanger Kazakhstan Republic or of a Member State of the European Union, which is requested to provide assistance under this Protocol, the sovereignty or b) could endanger the public order, security or other essential interests This Protocol, in particular article 10 (2), or in the cases referred to in (c)) would disclose the industrial, commercial or professional secret. 2. Assistance may be postponed by the requested authority on the grounds on the ground that it will interfere with an ongoing investigation, prosecution or proceeding. In such a case, the requested authority shall consult with the applicant authority to determine if assistance can be given subject to such terms and conditions as may be stipulated by the requested authority. 3. Where the applicant Authority seeks assistance which it would itself be unable to provide such assistance if it is requested, it shall draw attention to that fact in its request. The requested authority to decide how to respond to such a request. 4. In the cases referred to in paragraphs 1 and 2, the decision of the requested authority and the reasons therefor must be notified without delay to the requesting authority. 10. Exchange of Information and privacy 1. All the information provided in any form pursuant to this Protocol shall be of a confidential or restricted information of use depending on each side of the applicable rules. It shall be covered by the obligation of professional secrecy and the protection extended to similar information under the relevant laws of the party which received it and the corresponding provisions applicable to the institutions of the European Union. 2. personal data may be exchanged only where the party which receives it undertakes to protect such data in a way that is acceptable to the data provider. 3. in accordance with this Protocol for the use of the information of the administrative proceedings or in proceedings in respect of operations in breach of customs legislation, shall be considered as use for the purposes of this Protocol. Therefore the parties their fiksējumo of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence in accordance with the provisions of this protocol information obtained and documents. Of such use shall be notified to the competent authority which supplied that information or gave access to those documents. 4. in accordance with this protocol information used only for the purposes laid down in this Protocol. If one of the parties wishes to use such information for other purposes, the information provided by the authorities of the receiving prior written consent. Then apply to this use of the any of the requested authority specific limitations. 11. PANTSEkspert and witnesses within the limits of the powers conferred on it by the requested authority may be authorised to be a clerk on the expert or witness during the administrative procedure or in proceedings relating to the matters covered by this Protocol, and it may make such objects, documents or certified copies thereof, which may be necessary in appropriate cases. Applicant authority seized with the request of the official pieattiecīg and indicate, in particular, in any administrative or judicial authority the official will have to appear, on what matters and in what capacity (name or description). 12. the cost of PANTSPalīdzīb the Parties shall waive all claims to reimburse costs incurred pursuant to this Protocol, except, as appropriate, the costs of the experts and witnesses, as well as to the interpreters and translators who are not public service employees. 13. the Implementation of this Protocol 1 shall be entrusted, on the one hand, to the Customs authorities of the Republic of Kazakhstan and, on the other hand, the European Commission and the competent authorities of the Member States of the European Union Customs authorities. They shall decide on the application of this Protocol to all necessary practical arrangements and procedures, taking into consideration the rules in force, in particular in the field of data protection. 2. the Parties shall consult each other and subsequently keep each other informed of the detailed implementing rules adopted pursuant to the provisions of this Protocol. 14. PANTSCit agreements 1. Having regard to the European Union and of the Member States of the European Union, the competence, the provisions of this Protocol: (a) without prejudice to the obligations of the parties) in any other international agreements or conventions; (b)) are to be considered as complementary to such agreements on mutual assistance which have been concluded or may be concluded between individual Member States of the European Union and the Republic of Kazakhstan; and (c)) without prejudice to the provisions of the European Union governing the competent services of the European Commission and the European Union, the Customs authorities of the Member States with regard to the communication of information obtained in accordance with this annex and which may be of interest to the European Union or the Member States of the European Union. 2. Notwithstanding paragraph 1 of this article, the provisions of this Protocol shall take precedence over any bilateral agreement on mutual assistance which have been concluded or may be concluded between individual Member States of the European Union and the Republic of Kazakhstan, in so far as the provisions of the bilateral agreement is contrary to the provisions of this Protocol. 3. For questions relating to the applicability of this Protocol, the Parties shall consult with a view to resolving the issue of regular dialogue between the parties on customs matters in the framework.  







Съставено в Астана на двадесет и първи декември две хиляди и петнадесета година. Hecho en el veintiun de Astana, Mayo de DOS mil quinc. Astaně-dvacátéh-prvníh v dn the prosinc dv-patnác. the tisíc Udfærdige i den enogtyvend Astana december to tusind og femten. Geschehen zu am einundzwanzigsten Dezember zweitausendfünfzehn Astana. The tuhand of the viieteistkümnend of Kah-detsembriku kahekümn of esimesel of aast päeval Astana. ΄Εγινε στην Άστανα, στις είκοσι μία Δεκεμβρίου δύο χιλιάδες δεκαπέντε. Done at Astana on the twenty first day of December in the year two thousand and fifteen. Fait à Astana, le décembr et a deux ving and Mille quinz. Sastavljen dvadese to the u of prosinc-Astana prvog dvij is tisuć-petnaest. Fatt (a) Astana, addì-dicembre duemilaquindic ventun. Astana, the year two thousand and fifteenth of the twenty-first of December. Priimt for penkioliktų gruodži tūkstanči du dvidešim pirmą metų to the dieną Astanoj. Kel Asztanában, kétezer-a, a a a tizenötödik év havának huszonegyedik napján december. Magħmul f ' Astana, fil-wieħed u għoxrin ta ' Diċembr you a fis-Sena elfejn u ħmistax. Gedaan te Astana, eenentwintig december vijftien tweeduizend. Sporządzon-w-dwudziesteg-pierwszeg Astana the dni's December hand DWA tysiąc is piętnasteg. Astana, em em appoints Pieter Feith vint e um de dezembr de DOIs mil e quinz. Întocmi a la douăzec și la Astana, and the December două Mii cincisprezec. V-dvadsiateh the prvéh of the Astana December dvetisícpätnásť. V Astana, DNA-enaindvajseteg December petnajs LETA DVA tisoč. Tehty Astanass joulukuut päivänä vuonn of the kaksituhattaviisitoist of kahdentenakymmenentenäensimmäisenä. SOM i den tjugoförst skedd Astana december tjugohundrafemton åren. Екі мың он бесінші жылғы жиырма бірінші желтоқсанда Астанада жасалды. Совершено в Астане двадцать первого декабря две тысячи пятнадцатого года.