On The Stabilisation And Association Agreement Between The European Communities And Their Member States, Of The One Part, And Bosnia And Herzegovina, Of The Other Part

Original Language Title: Par Stabilizācijas un asociācijas nolīgumu starp Eiropas Kopienām un to dalībvalstīm, no vienas puses, un Bosniju un Hercegovinu, no otras puses

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/199762

The Saeima has adopted and the President promulgated the following laws: on the stabilisation and association agreement between the European communities and their Member States, of the one part, and Bosnia and Herzegovina, on the other hand article 1. June 16, 2008, in the signed the stabilisation and association agreement between the European communities and their Member States, of the one part, and Bosnia and Herzegovina, 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 article 134 and the time limit laid down in the order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The law shall enter into force on the day following its promulgation. To put the agreement by law Latvian language. The law adopted by the Parliament in 2009 of 8 October. President Valdis Zatlers in Riga 2009 g. on 28 October, the stabilisation and association agreement between the European communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, 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 Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary , Malta, 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, which is the Treaty establishing the European Community, the European coal and Steel Community and the Treaty on European Union the Contracting Parties, hereinafter referred to as the "Member States", and the European Community and the European Atomic Energy Community, hereinafter referred to as ' the Community ', of the one part, and Bosnia and Herzegovina on the other hand, together hereinafter referred to as "the parties", taking into account the strong links between the parties and their shared values, the desire to strengthen these links and to establish close and lasting relations, based on reciprocity and mutual interest, enabling Bosnia and Herzegovina to further strengthen and expand relations with the community and its Member States; Given the importance of this agreement, the countries of South-East Europe in the stabilisation and association process in the context of to create and consolidate a stable European order based on cooperation, of which the main element is the European Union, as well as in the context of the stability pact; Recalling the European Union's willingness to include possible Bosnia and Herzegovina the European political and economic movement and for this State as a potential EU candidate status on the basis of the Treaty on European Union (TEU) and the European Council in June 1993, the criteria and the stabilisation and association process, the conditions for the successful implementation of this agreement, in particular in the case of regional cooperation; Taking into account the European partnership with Bosnia and Herzegovina that determines priorities for action, to support efforts to move closer to the European Union; Considering the commitment of the parties all means to promote the political, economic and institutional stabilisation in Bosnia and Herzegovina and throughout the region, the development of civil society and democratisation is achieved by creating institutions, carrying out public administration reform and regional trade integration, greater cooperation in the economy and a wide range of cooperation, including the justice, freedom and security, and strengthening the security of the national and regional level; Considering the commitment of the parties to increase political and economic freedom as the basis of this agreement, as well as their commitment to respect human rights and the rule of law, including the rights of persons belonging to minorities, and democracy with multi-party system and free and fair elections; Considering the commitment of the parties fully to implement all the principles and rules laid down in the UN Charter, the OSCE rules, particularly on security and cooperation in Europe in the final act of the Conference (hereinafter referred to as the Helsinki Final Act), Madrid and Vienna Conference adopted a final document, the Charter of Paris for a new Europe, as well as the Dayton/Paris peace agreement and the stability pact for South-Eastern Europe to promote stability in the region and cooperation between the countries of the region; Taking into account the parties ' commitment to the free market economy principles and the readiness of the community to support economic reforms in Bosnia and Herzegovina, as well as the parties ' commitment to the principles of sustainable development; Taking into account the parties ' commitment to the free trade principles under the WTO members rights and obligations and the exercise of its transparent and non-discriminatory manner; Taking into account the parties ' desire to further develop regular political dialogue on mutual interest in the bilateral and international issues, including regional aspects, taking into account the European Union's common foreign and security policy (CFSP); Considering the commitment of the parties to combat organised crime and to strengthen cooperation in the fight against terrorism, based on 20 October 2001, the European Conference Declaration adopted; Convinced that the stabilisation and Association Agreement (this Agreement) will create a new climate for economic relations between the parties and in particular for the development of trade and investment, the factors that are essential to the economy of Bosnia and Herzegovina in the process of restructuring and modernisation; Following the commitment of Bosnia and Herzegovina to approximate legislation in the relevant sectors of Community law, as well as to implement them effectively; Taking account of the community's willingness to provide decisive support for the reforms, as well as comprehensive of several years to use all available instruments of cooperation and technical, financial and economic assistance in the implementation of these efforts; Stating that those provisions of this agreement which is in accordance with the Treaty establishing the European Community (hereinafter the EC Treaty) of part III, title IV, provides that the United Kingdom and Ireland as separate Contracting Parties, and not as Member States of the community, until the United Kingdom or Ireland (as appropriate) shall be communicated for Bosnia and Herzegovina, that it is committed as part of the community in accordance with the Protocol on the position of the United Kingdom and Ireland attached to the LES and the EC Treaty. In accordance with the Protocol on the position of Denmark, annexed to the said treaties, the same applies to Denmark; Recalling the Zagreb meeting, which called for the strengthening of relations between the continue the stabilisation and association process countries and the European Union, as well as fostering regional cooperation; Recalling the Thessaloniki meeting, which strengthened the stabilisation and association process as the political foundation of the European Union's relations with the Western Balkan countries and stressed their possible integration into the European Union, on the basis of each country's reform progress and individual merit; Mindful of the Central European free trade agreement signed in 2006 on December 19, in Bucharest, in order to promote the region's ability to attract investment and opportunity to integrate into the global economy, have agreed on the following. 1. Article 1 is hereby set up by the association between the community and its Member States, of the one part, and Bosnia and Herzegovina, of the other part. 2. the Association shall have the following objectives: (a)) to support the efforts of Bosnia and Herzegovina to strengthen democracy and the rule of law; (b)) to facilitate Bosnia and Herzegovina's political, economic and institutional stability in the whole region and stabilization; (c)) to ensure an adequate basis for a political dialogue, in order to enable developing close political relations between the parties; (d)) to support the efforts of Bosnia and Herzegovina to develop its economic and international cooperation, including bringing its legislation with Community law; e) to support the efforts of Bosnia and Herzegovina to complete the transition to a functioning market economy; (f)) to promote consistent economic relations and gradually build a free trade area between the community and Bosnia and Herzegovina; g) fostering regional cooperation in all the fields covered by this agreement.   Title I General principles article 2 The democratic principles and human rights, promulgated by the Universal Declaration of human rights and defined in the European Convention for the protection of human rights and fundamental freedoms, the Helsinki Final Act and the Charter of Paris for a new Europe, including full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY), the international law principles and the rule of law, as well as the principles of the market economy under the OSCE Bonn Conference on economic cooperation document of the internal and external parties and essential elements of the agreement. Article 3 the fight against weapons of mass destruction (WMD) and their means of delivery is essential to the dissemination of the integral part of this agreement. Article 4 the parties reaffirm the importance of the implementation of international obligations, notably full cooperation with the ICTY. 5. Article peace and stability at the international and regional levels, good neighbourhood building, human rights and minority rights and protection is essential, key elements of the stabilisation and association process. The conclusion of this agreement and will depend on the implementation of the stabilisation and association process conditions and will build on the achievements of Bosnia and Herzegovina. Article 6 Bosnia and Herzegovina undertakes to continue to promote cooperation and good neighbourly relations with other countries in the region, including an appropriate level of mutual concessions in respect of persons, goods, capital and services as well as the development of projects of common interest, in particular as regards organised crime, corruption, money laundering, illegal migration and human trafficking, small arms and light weapons, as well as drug trafficking. This commitment is an important factor in the community and Bosnia and Herzegovina's relations and cooperation and thus contribute to stability in the region. Article 7 the parties confirm the importance that they have to fight against terrorism and to implement international commitments in this area. Article 8 establishes the Association gradually, and it creates a maximum six-year transitional period. In accordance with article 115 the stabilisation and Association Council regularly, usually once a year, check the application of this agreement and the legislation of Bosnia and Herzegovina, administrative, institutional and economic reforms. This test is carried out in accordance with the preamble and general principles of this agreement. It is carried out, taking into account the European partnership priorities relating to this agreement, and under the stabilisation and association process established mechanisms, notably the stabilisation and association process progress report. The stabilisation and Association Council on the basis of that examination, make recommendations and can make decisions. If during the examination will reveal specific problems, address them with this agreement dispute settlement mechanisms. Full association establishes progressively. Not later than the third year after the entry into force of this agreement, the stabilisation and Association Council shall make a thorough inspection of the application of the agreement. Based on this review, the stabilisation and Association Council shall evaluate the progress of Bosnia and Herzegovina and can make decisions that will apply to the next stages of Association. The above check does not apply to the free movement of goods, which are provided for in title IV of the special schedule. Article 9 this agreement fully comply with the relevant WTO rules and in accordance with them, particularly with the 1994 General Agreement on tariffs and trade (GATT 1994) and Article XXIV of the General Agreement on trade in services (GATS) article V.   Title II political dialogue article 10 1. political dialogue between the parties be further developed under this agreement. It accompanies and strengthens the European Union and Bosnia and Herzegovina's approximation and promote close links of solidarity and new forms of cooperation between the parties. 2. political dialogue shall encourage, in particular: (a)) of Bosnia and Herzegovina fully into the community of democratic States and gradual approximation to the European Union; (b) the position of the parties) the convergence of international issues, including the CFSP, also according to the appropriate exchange of information, particularly on issues that could potentially affect the essential interests of the parties; (c)), regional cooperation and good neighbourly relations; d) common views on security and stability in Europe, including cooperation in the areas covered by the European Union's common foreign and security policy. 3. the parties consider that the WMD and their means of delivery, both States and non-governmental formations is one of the most serious threats to international stability and security. The parties therefore agree to cooperate and to contribute to the fight against weapons of mass destruction and their means of delivery, in full compliance with and national implementation of their commitments on international disarmament and non-proliferation treaties and agreements, as well as other international obligations in this matter. The parties agree that this provision constitutes an essential element of this agreement and include political dialogue, strengthening the elements of the agreement and to go along with them. The parties also agree to cooperate in the fight against the proliferation of weapons of mass destruction and their means of delivery and to contribute in the following ways: (a)) by taking steps to sign or ratify all other relevant international documents, or to join them and have them fully implemented; (b)) with an effective national export control systems, controlling both weapons of mass destruction-related products, and transit, including control over dual-use technology related to final use weapons of mass destruction, and effective sanctions for breaches of export controls; Political dialogue on this issue can happen at a regional level. 11. Article 1. political dialogue takes place mainly in the stabilisation and Association Council, which has overall responsibility for any matter that a party wishes to discuss. 2. at the request of the parties, political dialogue may also take place in the following ways: a) if necessary, meetings with Bosnia and Herzegovina's highest ranking officials, on the one hand, and the Presidency of the Council of the European Union, the Secretary-General/High Representative for the common foreign and security policy and the Commission of the European Communities (hereinafter European Commission) representatives, on the other hand; (b)) fully using all diplomatic channels between the parties including appropriate contacts in third countries and in the United Nations, the OSCE, the Council of Europe and other international fora; c) in any other way that would be helpful in strengthening this dialogue, development and expansion, including the Thessaloniki agenda in these ways, adopted in 2003, 19 and 20 June Thessaloniki European Council conclusions. Article 12 political dialogue to the parliamentary level take place within the stabilisation and Association Parliamentary Committee established under article 121. Article 13 political dialogue may be multilateral and unfold at regional level, involving other countries in the region, including the EU and the Western Balkans forum.  Title III regional cooperation in accordance with article 14 determination to maintain peace and stability in the international and regional levels and to build good neighbourly relations Bosnia and Herzegovina is actively promoting regional cooperation. Community assistance programmes may support regional or international importance. If Bosnia and Herzegovina intends to strengthen cooperation with any of this agreement, 15, 16 and 17 countries listed in article, it shall inform the community and its Member States and consult with them in accordance with section X. Bosnia and Herzegovina to fully implement existing bilateral free trade agreements, which are negotiated in accordance with the memorandum of understanding on trade facilitation and liberalisation signed in Brussels by Bosnia and Herzegovina of 27 June 2001, and the Central European free trade agreement, signed in Bucharest on 19 December 2006. Article 15 cooperation with other countries which have signed a stabilisation and association agreement after the signature of this agreement, Bosnia and Herzegovina started negotiations with the countries which have already signed a stabilisation and association agreement, the conclusion of a bilateral Convention on regional cooperation, which aims to expand the areas of cooperation between the countries concerned. Key elements of this Convention are: (a) political dialogue); (b)) free trade area creation according to relevant WTO rules; c) mutual concessions concerning the movement of workers, establishment, supply of services, current payments and movement of capital, as well as other policy areas related to the movement of persons to this Agreement equivalent level; d) cooperation provisions in other areas, whether or not they are laid down in this agreement, particularly the justice, freedom and security. These conventions include provisions of relevant institutional mechanisms. They shall be concluded within two years of the entry into force of this agreement. The readiness of Bosnia and Herzegovina to conclude such a Convention is a prerequisite for the future of Bosnia and Herzegovina and for the development of the European Union. Bosnia and Herzegovina launched similar negotiations with other countries in the region, as they have signed a stabilisation and association agreement. Article 16 cooperation with other countries involved in the stabilisation and association process Bosnia and Herzegovina carried out regional cooperation with other countries involved in the stabilisation and association process in some or all fields of cooperation laid down in this agreement, particularly those areas which are of common interest. Such cooperation must always comply with the principles and objectives of this agreement. Article 17 cooperation with other EU candidate countries, which is not involved in the stabilisation and association process 1. Bosnia and Herzegovina shall promote cooperation and the conclusion of the Convention on regional cooperation with the other EU candidate countries not covered by the stabilisation and association process, all areas of cooperation covered by this agreement. This Convention aims to gradually adjust the Bosnia and Herzegovina and the bilateral relations of the community and its Member States relations with these countries. 2. Article 18, paragraph 1, of the end of the trial period Bosnia and Herzegovina shall conclude with Turkey, which has established a Customs Union with the community, the agreement for the mutual benefits of the free trade area in accordance with the 1994 article XXIV of the GATT, as well as the liberalisation of the establishment and the provision of services between them, this Agreement equivalent level in accordance with article V of the GATS. Title IV free movement of goods article 18 1. the community and Bosnia and Herzegovina for a period not exceeding five years from the date of entry into force of this agreement, shall gradually establish a free trade area in accordance with the provisions of this agreement and in conformity with the GATT 1994 and the WTO. They at the same time take account of the specific requirements set out here. 2. In trade between the Parties shall be applied to the classification of goods in the combined nomenclature. 3. for the purposes of this agreement, of customs duties and charges having equivalent effect in include any taxes or charges imposed in connection with the import or export of goods, including all types of additional duty or surcharge in connection with such importation or exportation, but does not include: (a)) correspond to payments for the internal tax imposed under the GATT 1994 article III, paragraph 2; b) anti-dumping and countervailing measures; (c) the fees or charges) that are proportionate to the costs of the services provided. 4. For each product the basic duty to which the successive reductions set out in this agreement are to be applied (a)) the community's common customs tariff established in accordance with Council Regulation (EEC) No 2658/871 that actually applied erga omnes on the day of signature of this agreement; b) customs tariff applied by Bosnia and Herzegovina 2005 year2. 5. Bosnia and Herzegovina shall adapt to reduced customs duties calculated in accordance with this Agreement shall be rounded to decimals by using the general arithmetic. So all numbers, of which the second number after the decimal point is less than 5, you must round down to the nearest decimal number, but all the figures in the second decimal place is greater than 5 (inclusive) must be rounded up to the nearest decimal. 6. If, after the signature of this agreement, apply erga omnes tariff reductions, some particular reductions resulting from: a) WTO negotiations on tariffs or b) Bosnia and Herzegovina's eventual accession to the WTO, or c) reductions after Bosnia and Herzegovina's accession to the WTO. These reduced duties from the date of application of the reduction referred to in paragraph 4 is replaced by a basic duty. 7. the community and Bosnia and Herzegovina shall notify each other of the respective basic duties or any changes to them.
1 Council Regulation (EEC) No 2658/87 (OJ L 256, 7.9.1987, p. 1), as amended.  2 Bosnia and Herzegovina Official Gazette No 58/04, 22.12.2004.   Chapter I industrial products article 19 definitions 1. The provisions of this chapter shall apply to community or originating in Bosnia and Herzegovina for products listed on the combined nomenclature chapter 25 to 97, with the exception of the products listed in the WTO agreement on agriculture in annex I, part I, (ii) paragraph. 2. Trade between the parties in products covered by the Treaty establishing the European Atomic Energy Community shall be conducted in accordance with the provisions of that agreement. Article 20 community concessions on industrial products 1. Be abolished upon the entry into force of this agreement the customs duties and charges having equivalent effect on Bosnia and Herzegovina of industrial products originating in the community. 2. Be abolished upon the entry into force of this agreement the quantitative restrictions and measures having equivalent effect originating in Bosnia and Herzegovina of industrial products originating in the community. Article 21 Bosnia and Herzegovina concessions on industrial products 1. Be abolished upon the entry into force of this agreement customs duties on industrial products originating in the community of imports from Bosnia and Herzegovina, excluding the products listed in annex I. 2. Be abolished upon the entry into force of this agreement, having an effect equivalent to customs duties on industrial products originating in the community of imports from Bosnia and Herzegovina. 3. Customs duties on industrial products originating in the community of imports from Bosnia and Herzegovina, which are listed in annexes I a, I b and I c in the annex, be progressively reduced and eliminated in accordance with the schedule of the relevant annex: 4. With the entry into force of this agreement the quantitative restrictions are abolished in respect of industrial products originating in the community, in Bosnia and Herzegovina imports and measures having equivalent effect. Article 22 the export taxes and restrictions 1. With the entry into force of this agreement, the community and Bosnia and Herzegovina in its trade between all customs duties on exports and charges having equivalent effect. 2. With the entry into force of this agreement, the community and Bosnia and Herzegovina between themselves, abolish all quantitative restrictions on exports and measures having equivalent effect. Article 23 faster reductions in customs duties in Bosnia and Herzegovina declares readiness rather than intended in article 21 to reduce its customs duties in trade with the community, if it allows its general economic situation and the situation of the economic sector concerned. The stabilisation and Association Council shall analyse the situation in this area and to make appropriate recommendations. Chapter II agriculture and fisheries article 24 definitions 1. The provisions of this chapter shall apply to trade in agricultural and fishery products originating in the community or in Bosnia and Herzegovina. 2. ' agricultural and fishery products "means the products listed in the combined nomenclature Chapter 1 through 24, as well as the products that are listed in the WTO agreement on agriculture in annex I, part I, (ii) paragraph. 3. This definition includes the fish and fisheries products covered by Chapter 3, heading 1604 and 1605 and subheadings 0511 91 and 2301 20 00, 1902 20 10. Article 25 processed agricultural products in Protocol 1 of the agreement lays down the trade arrangements for the processed agricultural products listed. Article 26 the abolition of quantitative restrictions with regard to agricultural and fishery products 1. the date of entry into force of the agreement, the Community shall abolish all quantitative restrictions and measures of equivalent effect in respect of Bosnia and Herzegovina and agricultural and fisheries products. 2. the date of entry into force of the agreement Bosnia and Herzegovina abolish all quantitative restrictions and measures of equivalent effect on Community agricultural and fisheries products. Article 27 1. Agricultural Products By the date of entry into force of the agreement, the Community shall abolish the customs duties and charges having equivalent effect in respect of Bosnia and Herzegovina and imports of agricultural products originating, other combined nomenclature heading 0102, 0201, 0202, in 1701, 1702 and 2204. in respect of the products in the combined nomenclature in Chapter 7 and 8, for which the common customs tariff shall apply to the ad valorem customs duties and a specific customs duty , cancellation applies only to tax percentage. 2. With the entry into force of this agreement the date laid down in the Community customs duties applicable to imports into the community originating in Bosnia and Herzegovina ' baby-beef ' products defined in annex II, is 20% of the ad valorem duty and 20% of the specific duty under the common customs tariff shall not exceed an annual tariff quota of 1 500 tonnes, which is expressed in carcase weight. 3. the date of entry into force of the agreement the Community shall apply duty-free access to their originating in Bosnia and Herzegovina for imports into the community of goods referred to in the heading of the combined nomenclature, 1701 and 1702, subject to an annual tariff quota of 12 000 tonnes (net weight). 4. the date of entry into force of the agreement: (a) Bosnia and Herzegovina) abolish the customs duties applicable on imports of certain agricultural products originating in the community listed in annex III; (b)) reduce progressively the customs duties applicable on imports of certain agricultural products originating in the community listed in annexes III b, III c and III d of the annex, in accordance with the timetable indicated in the said Annex for each product; c) abolish the customs duties applicable on imports of certain agricultural products originating in the community listed in annex III e the products specified the limits of tariff quotas. 5. This agreement is set out in Protocol 7 rules applicable at the mentioned wine and spirits products. Article 28 fish and fishery products 1. the date of entry into force of the agreement, the Community shall abolish all customs duties and charges having equivalent effect in relation to Bosnia and Herzegovina origin of fish and fisheries products, other than those listed in annex IV. This agreement for the products listed in annex IV shall apply to the provisions laid down therein. 2. the date of entry into force of the agreement Bosnia and Herzegovina cancels all Customs duties and charges having equivalent effect in relation to the origin of the Community fish and fishery products in accordance with the rules laid down in annex V. 29. Article review clause given the volume of trade between the parties in agricultural and fishery products, their specific problems, the common policy of the community and Bosnia and Herzegovina's agricultural and fisheries policy, the role of agriculture in the economy of Bosnia and Herzegovina and of the multilateral trade negotiations within the WTO, as well as the possible accession of Bosnia and Herzegovina to the WTO, the community and Bosnia and Herzegovina no later than three years after the entry into force of this agreement, the stabilisation and Association Council on individual products and agreed to reciprocity shall examine the possibility of assign each other further concessions to bring agricultural and fisheries product marketing greater liberalisation. Article 30 notwithstanding other provisions of this Treaty, in particular article 39, and taking account of the agricultural and fisheries markets, if any specific problems of imports of products originating in the parties that are the subject of a concession pursuant to article 25 and 28, causing significant interference to the market of the other party or internal regulatory mechanisms, in the Parties shall immediately hold consultations in order to find an appropriate solution. Until such a solution is not found, the party concerned may take appropriate measures which it considers necessary. Article 31 agricultural products and fisheries products and food products, except wine and spirits, the protection of geographical indications 1. Bosnia and Herzegovina established in the Community ensures the protection of geographical indications under the Council of 20 March 2006, Regulation (EC) No 510/2006 on agricultural products and foodstuffs-geographical indications and designations of origin interests1shall in accordance with the provisions of this article. Bosnia and Herzegovina's agricultural and fisheries products of geographical indication may be registered in the community if they comply with the conditions laid down in that regulation. 2. Bosnia and Herzegovina shall prohibit the use on their territory, the protected community names for comparable products not complying with the specification of geographical indications. This provision shall also apply where a product is specified true geographical origin if the geographical indication is used in translation, name signs attached to the "kind", "type", "style", "imitation", "method" or similar category labels. 3. Bosnia and Herzegovina shall refuse to register a trademark the use of which corresponds to the situation referred to in paragraph 2. 4. Trademarks registered in Bosnia and Herzegovina or extracted using and use of which corresponds to the 2 situations referred to in paragraph shall not be used for six years from the date of entry into force of this agreement. However, this does not apply to trade marks that are registered in Bosnia and Herzegovina and trademarks obtained using, and which belong to third-country nationals, in so far as they do not in any way mislead the public as to the quality of the product and the geographical origin of the specifications. 5. any geographical indications protected in accordance with paragraph 1, the use of the term, which in Bosnia and Herzegovina is commonly used colloquially as a generic designation for this type of goods must end no later than 31 December 2013. 6. Bosnia and Herzegovina provides 1.-5. the protection referred to in paragraph on its own initiative, as well as some stakeholders request.
1 OJ L 93, 31.3.2006, p. 12. Regulation as amended by Council Regulation (EC) no 1791/2006 (OJ L 363, 20.12.2006, p. 1).   Chapter III common provisions article 32 scope the provisions of this chapter shall apply to trade between the parties, with all products, if one here or 1. Save as otherwise provided for in the Protocol. Article 33 Improved concessions the provisions of this section, any of the parties does not in any way interfere with the unilateral application of the more favourable measures. Article 34 of the new measures 1. the date of entry into force of the agreement in trade between the community and Bosnia and Herzegovina shall not introduce any new customs duties on imports or exports or charges having equivalent effect and also increase existing taxes or charges. 2. the date of entry into force of the agreement in trade between the community and Bosnia and Herzegovina shall not introduce any new quantitative restriction on imports or exports or measures having equivalent effect and also does not make stronger current restrictions or measures. 3. Without prejudice to the concessions under 25, 26, 27 and 28, paragraph 1 and paragraph 2 shall in no way prejudice the Bosnia and Herzegovina and the community to continue their agricultural and fisheries policies, as well as taking any measures under those policies in so far as this does not affect the import regime in the annexes III-V and Protocol 1. Article 35 prohibition of fiscal discrimination 1. the community and Bosnia and Herzegovina shall refrain from any measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one party and like products originating in the other party, or repeal such measures and actions, if any. 2. for products which are exported to one of the parties may not receive internal indirect taxation in excess of the compensation, the amount of indirect taxation imposed on them. 36. Article fiscal duties the provisions concerning the abolition of customs duties on imports shall also apply to customs duties of a fiscal nature. Article 37 of the customs unions, free trade areas and the cross-border mode 1. this Agreement shall not preclude the maintenance or establishment of customs unions, free trade areas or arrangements for frontier trade arrangements provided for in this agreement. 2. During the transitional period laid down in article 18, this agreement does not affect the implementation of the specific preferential arrangements with regard to the movement of goods, which certainly border trading arrangements previously concluded between one or more Member States and Bosnia and Herzegovina, or follows from section III referred to bilateral agreements concluded by Bosnia and Herzegovina in order to promote regional trade. 3. On 1 and 2 of this article. the agreements referred to in paragraph 1 and, if necessary, other important issues related to their respective trade policy with third countries shall consult the stabilisation and Association Council. In particular in the event of a third country acceding to the EU, such consultations shall take place so as to ensure that account is taken of this agreement, the community and Bosnia and Herzegovina's mutual interests. 38. Article dumping and subsidies 1. Nothing in this Agreement shall prevent the parties to conduct trade protection measures in accordance with paragraph 2 of this article and article 39. 2. If either party finds that trade with the other party taking place in dumping and countervailable subsidies or the former party may take appropriate measures against this practice in accordance with the WTO Agreement 1994 on implementation of article VI of the GATT and the WTO agreement on subsidies and countervailing measures, as well as in accordance with their respective internal legislation. Article 39 general safeguard clause 1. the Parties shall apply the GATT 1994 provisions article XIX and the WTO agreement on safeguards. 2. Notwithstanding paragraph 1 of this article, if any part of the product being imported into the territory of the other party in such increased quantities or under such conditions as to cause or threaten to cause serious injury (a)) the importing party of like or directly competitive products in the industry, or b) serious disturbances in any sector of the economy or problems that can lead to serious deterioration in the economic situation of a region of the importing party, the importing party may take appropriate bilateral safeguard measures under the conditions and procedures laid down in this article. 3. bilateral safeguard measures directed against imports on the other hand, does not exceed what is necessary to avoid the application of this agreement, as set out in paragraph 2, the resulting. The measures adopted should consist of the preferences of the increase or reduction of the limit stop, which is provided for in this agreement for the product concerned up to a maximum amount corresponding to article 18, paragraph 4 (a)) and (b)) and the basic duty referred to in paragraph 6 of the same product. Such measures shall contain clear elements that the expiry of the specified period at the latest, at the end, and it will not take more than two years. In exceptional circumstances, measures may be extended for a period not exceeding two years. No bilateral safeguard measure shall not apply to imports of products that have previously been subject to such a measure for at least four years from the termination of the application of these measures. 4. in the cases referred to in this article in advance of the commencement of the action or, in the case of this article apply point 5 (b)), respectively, the community, on the one hand, or Bosnia and Herzegovina, on the other hand, as soon as possible, submit to the stabilisation and Association Council with all the information that required for a thorough examination of the situation, to find a solution acceptable to both parties. 5. Implementation of the 1, 2, 3 and 4, the following rules shall apply: (a)) problems arising from the situation referred to in this article, should immediately be submitted for examination to the stabilisation and Association Council, which may make decisions on what to do. If, within 30 days of referral to the stabilisation and Association Council or the exporting Party has not taken a decision to solve problems or have not found another satisfactory solution, the importing party in accordance with this article may take appropriate measures to resolve the problem. When selecting safeguard measures, priority must be given to those which least disturb the functioning of this agreement. The protective measures applied in accordance with the 1994 GATT article XIX and the WTO agreement on safeguards, maintained in accordance with this agreement the granted preferences level/limit. (b)) if exceptional and critical circumstances requiring immediate action, it is not possible to get prior information or, depending on the circumstances, to conduct research, the party concerned in the situations specified in this article may impose provisional measures necessary to control the situation, and shall immediately inform the other party. The safeguard measures shall be notified immediately to the stabilisation and Association Council and shall be the subject of periodic consultations within that body, particularly with a view to developing a schedule for their abolition as soon as circumstances permit. 6. If the community or Bosnia and Herzegovina imports of a product, which can lead to problems referred to in this article shall apply to the administrative procedure, the purpose of which is the rapid provision of information on the trend of trade flows, it shall inform the other party. Article 40 shortage clause 1. Where compliance with the provisions of this title: (a)) the exporting Party of foodstuffs or other products essential to critical shortage, or threat thereof, or (b)) is a product for which the exporting Party maintains quantitative export restrictions, export duties or measures or charges having equivalent effect, re-export to a third country, and if the exporting Party of the situation causes or could cause significant difficulties , this party may take appropriate measures under the conditions and procedures laid down in this article. 2. In the selection of measures, priority must be given to those which least disturb the functioning of this agreement. These measures shall be applied so that they do not lead to arbitrary or unjustified discrimination or a disguised under the same conditions to trade restrictions and measures shall be revoked when the conditions no longer justify their maintenance. 3. before paragraph 1 specified measures as soon as possible, or in cases where paragraph 4 applies, the Community shall provide Bosnia and Herzegovina or the stabilisation and Association Council with all relevant information, to search for a solution acceptable to both parties. Parties to the stabilisation and Association Council may agree on the means to address this problem. If, within 30 days of referral to the stabilisation and Association Council has not reached any agreement, the exporting Party, in respect of exports of the product in question may take measures pursuant to this article. 4. Where exceptional and critical circumstances requiring immediate action make prior information or in the research, the community or Bosnia and Herzegovina, regardless of which affect these conditions, you can immediately apply security measures to deal with the situation and shall inform the other party immediately. 5. The measures applied in accordance with this article shall be notified immediately to the stabilisation and Association Council and shall be the subject of periodic consultations within that body, particularly with a view to developing a schedule for their abolition as soon as circumstances permit. Article 41 State monopolies Bosnia and Herzegovina adjust any State monopolies of a commercial, in order to ensure that, after the entry into force of this agreement between the Member States and nationals of Bosnia and Herzegovina, no discrimination regarding the conditions under which goods are procured and marketed. 42. Article origin rules unless otherwise provided for in this agreement, Protocol 2 lays down the rules of origin for the application of the provisions of this agreement. Article 43 restrictions Authorised this Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit based on public morality, public policy or public security, protection of human and animal health and the protection of life or for plant protection considerations, public art, historic or archaeological value, the protection of intellectual, industrial and commercial property protection considerations, or rules relating to gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the parties. Article 44 failure to provide administrative cooperation 1. The parties agree that administrative cooperation is essential in this section determine the preferential arrangements and control implementation, and underlines their commitment to combat irregularities and fraud in customs and related matters. 2. where a party on the basis of objective information, finds the inability to provide administrative cooperation and/or of irregularities or fraud discovered under this article, the party concerned in accordance with this article may temporarily suspend the relevant preferential treatment of the product (s) concerned. 3. for the purposes of this article, failure to provide administrative cooperation shall mean, inter alia, (a)) could fulfill the obligation to check the product concerned or the originating status of the product; (b)) a repeated refusal to make a proof of origin and/or announce its results or undue delay with this, c) a repeated refusal or undue delay in obtaining authorisation to conduct administrative cooperation missions to verify the authenticity of documents or the accuracy of the information, which is essential in particular for the granting of the preferential treatment. For the purposes of this article the breach or fraud can be found among other also where no explanatory reason rapidly increasing imports of goods of the other party, beyond the usual level of production and export capacity, and this increase is linked to objective information concerning irregularities or fraud. 4. the temporary suspension applies the following rules: (a) a party to the objective) information base could provide found administrative cooperation and/or irregularities or fraud detected, shall forthwith notify the stabilisation and Association Committee, providing objective information, and also on the basis of all relevant information and objective findings, launched consultations in that Committee, with a view to seeking a solution acceptable to the parties; b) If, pursuant to the above have entered into consultations within the stabilisation and Association Committee, and three months after that notification have not been able to agree on an acceptable solution, the affected Party may temporarily suspend the relevant to the product or products concerned applicable preferential treatment. A temporary suspension shall be immediately notified to the stabilisation and Association Committee; (c)) laid down in this article is a temporary suspension shall not exceed the minimum required by the party concerned for the protection of financial interests. It does not exceed a period of six months which can be renewed. Temporary suspension immediately after its adoption to the stabilisation and Association Committee. On the periodic consultations within the stabilisation and Association Committee, particularly with a view to their abolition as soon as there is no longer supporting it. 5. Simultaneously with the notification to the stabilisation and Association Committee under paragraph 4 of this article, (a) the respective party) also publish a notice to importers in the official journal. This communication in relation to the product concerned, it should be noted that on the basis of objective information is disclosed without the ability to provide administrative cooperation and/or of irregularities or fraud. Article 45 financial responsibility if the competent authorities allow substantial export of an administrative error in the correct management of the preferential system, in particular by applying the provisions of this Protocol, and if these errors result in consequences in the form of import duties, the party to which these effects apply, may request the stabilisation and Association Council to examine the possibility of taking all the necessary measures for solving this problem. 46. Article the application of this Agreement shall not prejudice the application of the provisions of Community law to the Canary Islands.   Title v movement of workers, establishment, supply of services, capital movements chapter I movement of workers article 47 1. subject to the provisions applicable in each Member State, the conditions and modalities (a)) with respect to the treatment of workers who are nationals of Bosnia and Herzegovina and who are legally employed in the territory of a Member State, there is no discrimination on grounds of nationality as regards working conditions, remuneration or dismissal, compared to nationals of the Member State concerned; b) in a Member State legally employed workers, with the exception of seasonal workers and of workers covered by the bilateral agreements within the meaning of article 48, unless such agreements are not otherwise, the legally resident spouse and children of the workers concerned, the employment period is allowed access to the labour market of that Member State. 2. Bosnia and Herzegovina, subject to the conditions applicable in the country and ensure the treatment referred to in paragraph 1 to workers who are nationals of a Member State and are legally employed in Bosnia and Herzegovina, as well as their spouses and children who are legally resident in Bosnia and Herzegovina. 48. Article 1. taking into account the situation of the labour market and the Member States pursuant to the legislation in force and the provisions of the Member States in the area of mobility of workers: a) should be maintained and, if possible, to improve the current Bosnia and Herzegovina mechanisms that govern workers ' access to employment, provided by Member States under bilateral agreements; (b)) other Member States consider the possibility of concluding similar agreements. 2. Three years after the stabilisation and Association Council shall examine the possibility of establishing other improvements, including mechanisms for access to vocational training, in accordance with the provisions in force in the Member States and the procedures and taking into account the situation of Member States ' and the community's labour markets. 1. Article 49 lays down rules for nationals of Bosnia and Herzegovina, workers who are legally employed in the territory of a Member State and their family members residing legally in this country, the coordination of social security systems. For this purpose, the stabilisation and Association Council decision, which should not affect any rights or obligations arising from bilateral agreements provide for more favourable treatment if they are introduced in the following provisions: (a) such workers) all periods of insurance, employment and residence period in the various Member States are counted together pension and annual allowance in calculating age, disability and death, as well as such workers and members of their families medical care; (b)) all types of pensions or annuities old age, death, accidents at work, occupational diseases and the resulting disability, except benefits that do not depend on contributions are freely transferable at the rate applied in accordance with the law of the debtor Member State or States; (c)) the workers concerned shall receive family allowances for the members of the family according to the above. 2. nationals of Bosnia and Herzegovina provides for workers who are legally employed in the territory of Bosnia and Herzegovina, and their family members residing legally in this country, a similar attitude to that specified in paragraph 1 (b)), and (c)).   Chapter III right of establishment article 50 Definitions in this agreement: (a) a "Community company") or "Bosnia and Herzegovina" means a company formed under a Member State or of Bosnia and Herzegovina's law and having its registered office, head office or principal place of business within the community or in the territory of Bosnia and Herzegovina. However, if this company, created under a Member State or of Bosnia and Herzegovina's law, community or in the territory of Bosnia and Herzegovina has only its registered office, to a Community company or companies of Bosnia and Herzegovina shall be considered in such a case, if it is actually and related to a Member State or of Bosnia and Herzegovina's economy; (b) ' subsidiary ' of a company) is a company which is effectively controlled by another of the undertaking; (c) "branch") is obviously a permanent place of business without legal personality, such as child nodes of the parent company, which has its own administration and material security necessary to organize business with third parties so that, although third party aware that if necessary it is possible to provide a legal link with the parent company, whose head office is abroad, they do not need to apply directly to the parent, but all transactions may be performed on the node structure; (d)) "right of establishment" shall mean: (i) as regards nationals) – the right to pursue economic activities as self-employed persons and to set up undertakings, which they effectively control. The self-employed and nationals Manager status entitles them to seek or to obtain work in the labour market, nor the right of access to the other side of the labour market. The provisions of this chapter do not apply to persons who are not exclusively self-employed; II) as regards Community companies or companies of Bosnia and Herzegovina, the right to carry out economic activity, by setting up subsidiaries and branches in Bosnia and Herzegovina or in the community respectively; e) "action" means an economic activity is carried out; f) "economic activities" shall in principle include industrial, commercial and professional character and activities of craftsmen; g) "Community national" and "national of Bosnia and Herzegovina" shall mean a natural person who is a national or a national of Bosnia and Herzegovina nationals; In connection with international maritime TRANS port, including multimodal transport, between which there are also carriage by sea, to the community or nationals of Bosnia and Herzegovina established outside the community or outside Bosnia and Herzegovina, and shipping companies established outside the community or Bosnia and Herzegovina and controlled by community or nationals of Bosnia and Herzegovina and, subject to this chapter and chapter III, if their vessels are registered in that Member State or in Bosnia and Herzegovina, in accordance with national law; h) "financial services" means the operations described in annex VI. The stabilisation and Association Council may extend or modify the scope of this annex. 51. Article 1. Bosnia and Herzegovina contributes to Community companies and nationals on its territory, the start-up. For this purpose, with the entry into force of this agreement: (a) Bosnia and Herzegovina provide) regarding the community registration of companies in the territory of Bosnia and Herzegovina – no less favourable treatment against their national companies or companies of a third country for the purposes of the best; and (b)) in relation to community subsidiaries and establishments of the company activities in the territory of Bosnia and Herzegovina, after their registration no less favourable treatment against their national companies and affiliates, or a third country, the company's subsidiaries and affiliates, applying the best. 2. the community and its Member States with the entry into force of this Agreement shall: (a)) in the case of Bosnia and Herzegovina and registration of companies, treatment no less favourable than the treatment given to its own Member companies or companies of a third country for the purposes of the best; (b)) in relation to a registered in its territory to Bosnia and Herzegovina's subsidiaries and affiliates of the company activity, treatment no less favourable than the treatment given to its own Member companies and affiliates, or any third country company established in the territory of their subsidiaries and affiliates, applying the best; 3. the Parties shall not adopt any new regulations or measures are discriminatory in respect of the community or of Bosnia and Herzegovina and company registration in their territory or in connection with the operation after registration, compared to the same companies. 4. four years after the entry into force of this agreement, the stabilisation and Association Council shall determine the detailed arrangements to extend these rules to the community and Bosnia and Herzegovina's national registration so they can take the economic activities as self-employed persons. 5. Notwithstanding the provisions of this article: (a)) community enterprises subsidiaries and affiliates with the entry into force of this agreement in Bosnia and Herzegovina have the right to use and rent real property; (b) subsidiaries of Community companies) and branches from the date of entry into force of this agreement, you are also entitled to obtain and use the title to real estate as the companies of Bosnia and Herzegovina, and in relation to public property/property of common interest – the same rights that are relevant to companies of Bosnia and Herzegovina, if this right is required to exercise an economic activity for which they are established. This subparagraph shall not affect the application of article 63 of the agreement; (c)) four years after the entry into force of this agreement, the stabilisation and Association Council shall examine the possibility of extending the right provided for in subparagraph (b)) at the community business affiliates. 52. Article 1 described in annex VI, with the exception of financial services, the Parties shall, in accordance with the provisions of article 51, can regulate business and the registration and activities of nationals in their territories, in so far as these regulations do not discriminate against other companies and nationals as compared with the same companies and nationals. 2. in respect of financial services, notwithstanding the other provisions of this agreement, the parties may not be denied to take measures precautionary reasons, including investors, depositors, policy-holders and persons to whom a financial service provider is fiduciary duty, protection, or measures to ensure the integrity of the financial system and stability. The following measures can be used by the parties as a way to avoid its obligations under this agreement. 3. No provision of this agreement will not be interpreted in such a way that the party would be obliged to disclose information relating to customer transactions and invoices, or any confidential or proprietary information which is held by public authorities. 53. Article 1 without prejudice to the other provisions contained in the multilateral agreement on a European common aviation telpas1 (ecaa), the provisions of this chapter shall not apply to air transport services, transport services by inland waterway and maritime cabotage services. 2. The stabilisation and Association Council may make recommendations for the establishment and operation of the improvement of the area covered by paragraph 1. 54. Article 51 of the agreement 1, and the provisions of article 52 does not prevent any party to apply particular rules for the company of the other party that is not legally established in the territory of the first party, the registration of branches and activities in their territory, on the basis of legal or technical differences between such branches as compared to branches of companies which are legally established in its territory or, as regards financial services, for prudential reasons. 2. Differential treatment does not go beyond what is strictly necessary as a result of such legal or technical differences or, as regards financial services, for prudential reasons. 55. Article To Community nationals and nationals of Bosnia and Herzegovina would make it easier to start and adjust the relevant professional activities in Bosnia and Herzegovina and the community, the stabilisation and Association Council shall examine what measures are to be made for the mutual recognition of qualifications. It may take all necessary measures for this purpose. 56. Article 1 of the Community company established in the territory of Bosnia and Herzegovina, or companies of Bosnia and Herzegovina, established in the community, in accordance with the applicable law is the law of Bosnia and Herzegovina, respectively, or in the territory of the community or with subsidiaries or subsidiaries employing employees who are the Member States or nationals of Bosnia and Herzegovina, if these employees are the core staff as defined in paragraph 2, and if they are employed only these companies , subsidiaries or branches. The residence and work permits only covers that period of employment. 2. the company, hereinafter referred to as "the Organization", the base personnel are "employees who moved another business structure" in accordance with the definition in subparagraph (c)) of the categories listed below, if the organisation is a legal person and that the persons concerned (except the majority of owners) for at least one year immediately prior to such transfer is it worked for or had accomplices: a) the persons who occupy managerial positions in the Organization and direct control of the management of the company and what General monitored or run by the company's Board or shareholders ' Council or equivalent body, including (i)) runs a business structure or structure, (ii) below) shall monitor and control other supervisory, professional or managerial staff work, III) can personally to recruit and dismiss or recommend recruiting, release from work, or other personnel actions; (b)) persons who work for an organization and who has a special knowledge that is essential in relation to the activities of the company, research equipment, techniques or management. The evaluation of such knowledge may reflect not only the knowledge that is specific to a particular company, but also the high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession; (c)) "employee who moved to work in another company's structure" means a natural person working within an organisation in the territory of one of the parties and the conduct of economic activity temporarily transferred to work in the territory of the other party; the Organization's main place of business must be in the territory of either party, and the employee must be transferred to the Organization branch or subsidiary of the company that actually perform economic activities in the territory of the other party. 3. Bosnia and Herzegovina and the Community nationals are allowed entry and temporary stay in the community or in the territory of Bosnia and Herzegovina, if these companies are the representatives of the parties, which the company occupies leading positions in accordance with the definition in paragraph 2 (a)) and is responsible for the Organization of Bosnia and Herzegovina and the community or the branch or subsidiary company of the community of Bosnia and Herzegovina and the establishment of a subsidiary or branch in a Member State concerned or in Bosnia and Herzegovina and if a) these representatives are not involved in direct sales or service and shall receive no remuneration from a source located in the territory of the country, where a registered company, and (b)) the company's principal place of business is outside the community or Bosnia and Herzegovina, and the company in the Member State concerned or in Bosnia and Herzegovina has no other representative, Office, branch or subsidiary.
1 multilateral agreement between the European Community and its Member States, the Republic of Albania, the former Yugoslav Republic of Macedonia, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, the Republic of Serbia and the United Nations Interim Administration Mission in Kosovo on the European common aviation area (OJ L 285, 16.10.2006, p. 3).   Chapter III supply of services article 57 1. the community and Bosnia and Herzegovina shall undertake, in accordance with the following provisions to take the necessary steps to allow progressively to provide services for the community enterprises, companies of Bosnia and Herzegovina or community or nationals of Bosnia and Herzegovina, established in the territory of either party, other than the party where the person to whom the services are intended. 2. In parallel with liberalization referred to in paragraph 1, the Parties shall permit the process of temporary movement of natural persons providing services, or working on a service provider as basic employees as defined in paragraph 2 of article 56, including individuals who represent the community or nationals or companies of Bosnia and Herzegovina or nationals and wants to enter temporarily to carry out negotiations on the sale of services or the sale of contracts for the services of the service provider's name If these representatives do not make direct sales or the provision of services to citizens. 3. four years after the entry into force of this agreement, the stabilisation and Association Council shall adopt the measures necessary to implement progressively the provisions of paragraph 1. This takes account of the parties ' reach in the approximation of legislation. 58. Article 1 the Parties shall not take any measures or actions which the community or Bosnia and Herzegovina nationals or companies which are registered in a side that is not a party in which the person to whom the services are intended significantly more limited conditions for the supply of services as compared with the situation on the day before the entry into force of this agreement. 2. If either party considers that the measures introduced by the other party since the entry into force of this agreement creates the conditions that restrict the provision of services to a greater extent than it was on the date of entry into force of this agreement, the former party may invite the other party to initiate consultation. 59. Article of Transport services between the community and Bosnia and Herzegovina, the following provisions shall apply: 1) concerning inland transport of Protocol 3 lays down provisions applicable to the relationship between the parties to ensure, in particular, unrestricted road transit flows through Bosnia and Herzegovina and the community as a whole, the principle of non-discrimination and the effective application of Bosnia and Herzegovina's gradual transport legislation with the relevant Community legislation. 2) to international maritime transport the parties undertake to apply effectively the principle of unrestricted access to the international market and trade on a commercial basis, and to respect international and European obligations regarding safety and environmental protection standards. The parties declare their commitment to build a free competitive environment, which is the international maritime transport. 3 paragraph 2) application of principles the parties (a) not introduce cargo sharing) clauses in future bilateral agreements with third countries; (b)) with the entry into force of this agreement cancels all unilateral measures and administrative, technical and other obstacles which could restrict the free provision of services in international maritime transport or create discrimination; (c) each party) vessels used for other nationals or companies provides, inter alia, a treatment no less favourable than those provided by their own ships with regard to access to ports open to international trade, the port infrastructure and port, as well as the use of ancillary services as regards the related fees and charges, customs facilities, piers and loading and unloading facilities. 4) to ensure a coordinated development and progressive liberalization of transport between the parties, adaptation to the needs of the trade, the conditions of mutual market access in air transport is developing with the ecaa. 5 the conclusion of the ECAA), the Parties shall not take any measures or actions which impose greater restrictions or discrimination in comparison with the situation before the entry into force of this agreement. 6) Bosnia and Herzegovina shall adapt its legislation including administrative, technical and other rules of Community law in force in the air, sea and inland waterway transport inland transport insofar as it allows to achieve liberalization and mutual access to markets of the parties and facilitates the movement of passengers and goods. 7) in parallel with progress on this chapter the objectives pursued in the stabilisation and Association Council shall examine ways of creating the conditions for improving freedom to provide air and land transport services.

Chapter IV current payments and movement of capital article 60 in accordance with the International Monetary Fund, article VIII of the Statute the parties undertake to authorise payments and transfers in freely convertible currency on the current account of balance of payments between the community and Bosnia and Herzegovina. 61. Article 1 in respect of transactions in the balance of payments of the capital and financial account with the entry into force of this agreement the Parties shall ensure the free movement of capital relating to direct investments in companies established under the laws of the host country and investments made in accordance with chapter II of title V of the rules, as well as the investment and profits into liquid products or repatriation. 2. In the case of transactions in the balance of payments of the capital and financial account with the entry into force of this agreement the Parties shall ensure the free movement of capital relating to credits for commercial transactions or to the provision of services for the residents of one of the parties is participating, and to financial loans and credits with maturity over one year. 3. From the date of entry into force of the agreement, Bosnia and Herzegovina in full and appropriate use of the existing rules and procedures for nationals of the Member States of the authorisation to purchase real estate. Six years from the entry into force of this agreement, Bosnia and Herzegovina progressively adjust its legislation concerning the acquisition of real property in Bosnia and Herzegovina by nationals of the Member States, to ensure no less favourable treatment to the nationals of Bosnia and Herzegovina. Starting with the fifth year after the entry into force of this agreement, the Parties shall ensure the free movement of capital relating to portfolio investment and financial loans and credits with maturity not exceeding one year. 4. Without prejudice to paragraph 1, the Parties shall not introduce any new restrictions on the movement of capital and payments between the community and the citizens of Bosnia and Herzegovina, and amending existing rules to become more restrictive. 5. Without prejudice to article 60 and the provisions of this article, if, in exceptional circumstances, the free movement of capital between the community and Bosnia and Herzegovina cause, or threaten to cause, serious difficulties for the exchange rate policy or monetary policy in the community or in Bosnia and Herzegovina, Bosnia and Herzegovina, the community and, respectively, may take safeguard measures with regard to the movement of capital between the community and Bosnia and Herzegovina for the period not exceeding six months if such measures are strictly necessary. 6. Nothing in these rules shall be without prejudice to the parties ' rights of the economic operators to use more favourable provisions that might be intended for existing bilateral or multilateral agreements involving parties to this agreement. 7. the Parties shall consult in order to facilitate the movement of capital between the community and Bosnia and Herzegovina with a view to promoting the attainment of the objectives of this agreement. 62. Article 1 of the first five years of the entry into force of this agreement the Parties shall take measures that allow you to achieve the necessary conditions of Community rules on the free movement of capital for further gradual application. 2. at the end of the fifth year after the entry into force of this agreement, the stabilisation and Association Council shall determine the detailed arrangements for the full application of Community rules on the free movement of capital.   Chapter v General provisions article 63 1. This title shall apply with limitations on the basis of public policy, public security or public health. 2. They shall not apply To activities which in the territory of either party are connected, even occasionally, with the exercise of official authority. Article 64 for the purposes of this title nothing in this Agreement shall prevent the parties from applying their laws and regulations on the entry and stay, work, labour conditions and the registration of natural persons and supply of services, in particular with regard to the granting of the residence permit, renewal or refusal to issue such authorisation, if these measures are not applied in a way that is cancelled or a deterioration of benefits that are provided for any of the parties in accordance with the specific provisions of this agreement. This provision is without prejudice to the application of article 63. Article 65 of the provisions of this title shall also apply to companies that jointly owns only companies of Bosnia and Herzegovina or nationals of Bosnia and Herzegovina and community companies or nationals and their control. 66. Article 1. the most-favoured-nation treatment provided under this title shall not apply to tax advantages which the parties granted or will be granted in the future on the basis of agreements designed to prevent double taxation, or other tax-related measures. 2. Nothing in this section shall prevent a party from adopting or introduce measures aimed at preventing the avoidance or evasion of taxes pursuant to the tax provisions in agreements on double taxation, or other tax-related measures, or state tax law. 3. Nothing in this section shall prevent Member States or Bosnia and Herzegovina by applying their tax legislation the relevant provisions, to apply different conditions on taxpayers that are not in the same position, in particular as regards their place of residence. 67. Article 1. the Parties shall endeavour, as far as possible, to avoid the imposition of restrictive, including restrictions relating to imports, for balance of payments purposes. The party that introduced such measures as soon as possible, submit to the other party a timetable for their removal. 2. Where one or more Member States or Bosnia and Herzegovina is in serious balance of payments problem or they may soon arise in the community or Bosnia and Herzegovina, respectively, in accordance with the provisions of the WTO agreement, adopt restrictive measures, including measures relating to imports, the duration of which is limited and must not exceed the balance of payments problem solving necessary measures. The community or Bosnia and Herzegovina shall immediately inform the other party. 3. Any restrictive measures shall not apply to transfers related to investment and in particular to the amount invested or reinvested and of those amounts in income repatriation. Article 68 the provisions of this title shall progressively adjust, especially taking into account the requirements arising from article V of the GATS. Article 69 the provisions of this Agreement shall not prevent the application by each party of any measure necessary to prevent the provisions of this agreement, the circumvention of its measures concerning third country access to its market.   Title vi approximation of laws, THEIR enforcement and competition rules article 70 1. the parties recognise the importance of approximating current Bosnia and Herzegovina legislation with Community law and to implement them effectively. Bosnia and Herzegovina shall endeavour to ensure that its existing and future legislation to be gradually adapted to the Community acquis. Bosnia and Herzegovina supports your existing and future legislation for the proper implementation and enforcement. 2. The approximation of beginning at the date of signature of this agreement, and this agreement defined in article 8 the end of the transitional period, progressively apply to all elements of the Community acquis referred to in this agreement. 3. Initial stages of approximation of laws applies mainly to the internal market acquis the key elements, as well as other trade-related areas. Further stage Bosnia and Herzegovina focus on other parts of the acquis. In accordance with the laws to be adopted by the European Commission and Bosnia and Herzegovina. 4. Bosnia and Herzegovina, in agreement with the European Commission to adopt detailed rules also to oversee the necessary approximation of legislation and law enforcement measures. Article 71 competition and other economic provisions 1. With the proper functioning of this agreement, the following phenomena are incompatible, insofar as they may affect trade between the community and Bosnia and Herzegovina: a) all agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings, the purpose of which is to prevent, restrict or distort competition; (b) one or more companies) abuse of a dominant position throughout the community or Bosnia and Herzegovina or in substantial part in the territory; (c)) any public aid which distorts or threatens to distort competition, giving advantage to certain undertakings or certain products. 2. actions which are contrary to this article shall be assessed on the basis of the criteria for the application of Community competition rules, in particular article 81 of the EC Treaty, 82, 86 and 87 and article. The Community institutions adopted the interpretative provisions. 3. each Party shall ensure that its activities, the independent public authority is empowered to paragraph 1 (a)) and (b)) for full implementation with respect to private and public companies, as well as the undertakings granted special rights. 4. in Bosnia and Herzegovina shall establish an independent authority with the necessary powers are granted in paragraph 1 (c)) for the implementation of the full two years of the entry into force of this agreement. This body is empowered, among other things, grant permissions to the State aid schemes and individual aid grants in conformity with paragraph 2, as well as require to repay illegal state aid. 5. Each Party shall ensure transparency in the field of State aid, inter alia, submitting an annual report to the other party or equivalent document in accordance with the Community State aid review methodology and form. Upon request by a party, the other party shall provide information on specific cases of State aid. 6. Bosnia and Herzegovina shall establish a comprehensive list of State aid schemes introduced to in paragraph 4, the latter's creation, and adapted the scheme referred to in paragraph 2, the criteria for a period not exceeding four years from the entry into force of this agreement. 7. The application of paragraph 1 (a)) (c)), the parties recognize that the first six years of the entry into force of this agreement, Bosnia and Herzegovina's State aid granted shall be assessed, taking into account that Bosnia Herzegovina regarded the area which are identical to those areas of the community described in article 87 of the EC Treaty, point 3 (a)) the bottom point. (b)) at the end of the fifth year after the entry into force of this agreement, Bosnia and Herzegovina shall submit to the European Commission for information on its GDP per capita figures harmonised at NUTS II level. Paragraph 4 of this article in that body and the European Commission then together examine the region of Bosnia and Herzegovina and the related maximum aid intensity, to develop the regional aid map in accordance with the relevant Community guidelines. 8. Protocol 4 lays down specific rules on State aid in restructuring the steel sector. 9. For products in chapter II of title IV: a) does not apply paragraph 1 (c)); (b)) any practice that is contrary to paragraph 1 (a)), should be assessed in accordance with the criteria laid down in the community, having regard to the EC Treaty and article 36.37, and specific Community instruments adopted on this basis. 10. If either party considers that the action is consistent with the provisions of paragraph 1, it shall, after consultation within the stabilisation and Association Council or after 30 working days following referral for such consultation can take appropriate measures. Nothing in this article shall be without prejudice and will not affect that, any party may take anti-dumping or countervailing measures in accordance with the relevant articles of GATT 1994 and the WTO agreement on subsidies and countervailing measures or with the sais wound national legislation. Article 72 public undertakings at the end of the third year after the entry into force of this agreement, Bosnia and Herzegovina shall apply to public undertakings and undertakings granted special and exclusive rights, the principles laid down in the EC Treaty, with particular reference to article 86. State special rights in the transitional period shall not include the possibility of introducing quantitative restrictions or measures having equivalent effect on imports into the community in Bosnia and Herzegovina. Article 73 intellectual, industrial and commercial property rights 1. pursuant to this article and the provisions of annex VII, the parties confirm the importance that they attach to ensure adequate and effective protection of intellectual, industrial and commercial property rights and enforcement. 2. With the entry into force of this agreement the Parties shall ensure that treatment companies and nationals with regard to intellectual, industrial and commercial property rights recognition and protection, which are not less favourable than that which they provide against third countries under bilateral agreements. 3. Bosnia and Herzegovina shall take all necessary measures in order not later than five years after the entry into force of this agreement, the guarantee of intellectual, industrial and commercial property rights protection similar to that existing in the community, including effective means for the implementation of this right. 4. Bosnia and Herzegovina during that period agrees to join annex VII the following multilateral conventions on intellectual, industrial and commercial property rights. The parties declare that the agreement on intellectual property trade principles is important to them. The stabilisation and Association Council may decide to fix on Bosnia and Herzegovina to accede to specific multilateral conventions in this area. 5. If, in the area of intellectual, industrial and commercial property problems affecting trading conditions occur, they shall, at the request of one of the parties immediately is covered by the stabilisation and Association Council, with a view to reaching mutually satisfactory solutions. 74. Article 1 the contract. the community and Bosnia and Herzegovina would like to open competition in the award of public contracts on the basis of the principle of non-discrimination and reciprocity, in particular in the light of the WTO rules. 2. With the entry into force of this agreement the companies of Bosnia and Herzegovina, whether or not they are registered in the community or not, provides access to contract award procedures in the Community pursuant to community procurement rules under treatment no less favourable than that accorded to Community companies. These provisions also apply to public service contracts, when the Government of Bosnia and Herzegovina have adopted legislation in this area with the introduction of Community provisions. The community periodically checks whether Bosnia and Herzegovina has indeed adopted such legislation. 3. With the entry into force of this agreement the Community companies that registered in Bosnia and Herzegovina in accordance with the provisions of chapter II of title V, granted access to contract award procedures in Bosnia and Herzegovina under treatment no less favourable than that accorded to companies of Bosnia and Herzegovina. 4. no later than five years after the entry into force of the agreement the Community companies not established in Bosnia and Herzegovina, are granted access to contract award procedures in Bosnia and Herzegovina under treatment no less favourable than that accorded to companies of Bosnia and Herzegovina. The five-year transitional period Bosnia and Herzegovina shall ensure a gradual reduction of existing preferences so that the preferential rate after the entry into force of the agreement does not exceed 15% in the first and second year, 10% for third and fourth year and 5% in the fifth year. 5. The stabilisation and Association Council shall periodically examine the possibility of Bosnia and Herzegovina provides for all Community companies access to contract award procedures in Bosnia and Herzegovina. Bosnia and Herzegovina shall submit each year to the stabilisation and Association Council reviewed a report on the measures it has taken to improve transparency and ensure effective judicial review of decisions of the public service. 6. public contracts relating to the implementation of the registration, transaction, the provision of services between the community and Bosnia and Herzegovina, as well as employment and movement applied to 47. the provisions of article 69. Article 75 standardisation, metrology, accreditation and conformity assessment 1. Bosnia and Herzegovina shall take the necessary measures in order to gradually achieve conformity with Community technical regulations and European standardisation, metrology, accreditation and conformity assessment procedures. 2. To this end, the Parties shall seek: a) promote community technical regulations, European standards and conformity assessment procedures; (b)) to provide assistance to facilitate the development of quality infrastructure for standardisation, metrology, accreditation and conformity assessment; (c)) to promote the participation of Bosnia and Herzegovina and in the work of the organisations whose activities related to standards, conformity assessment, metrology and similar functions (e.g. CEN, CENELEC, ETSI, EA, WELMEC, EUROME) 1; d) if necessary, to conclude an agreement on conformity assessment and acceptance of industrial products, after Bosnia and Herzegovina's legislation and procedures will be sufficiently harmonised by Community law and procedures, as well as the expertise will be made available. Article 76 consumer protection the Parties shall cooperate in order to adapt the Bosnia and Herzegovina's consumer protection standards to community standards. Effective consumer protection is necessary to ensure the proper functioning of the market economy, and this protection will depend on the development of the administrative infrastructure to ensure market surveillance and law enforcement in this area. To this end, and having regard to common interests, the Parties shall encourage and ensure a) active consumer protection policy in accordance with Community legislation, including awareness raising and independent organization; b) Bosnia and Herzegovina's consumer protection legislation with the existing relevant Community legislation; c) consumer effective legal protection, to improve the quality of consumer goods and maintain appropriate safety standards; (d) monitoring) rules, made by the competent authorities, and the provision of access to justice in case of dispute. Article 77 working conditions and equal opportunities for Bosnia and Herzegovina to gradually harmonize its legislation with Community legislation in the following areas: working conditions, particularly in relation to safety and health at work and equal opportunities.
1 the European Committee for standardisation, European Committee for Electrotechnical Standardization, the European Telecommunications Standards Institute, European cooperation for accreditation, metrology, the European regulatory cooperation, European metrology organisation.   Title VII justice, freedom and security article 78 and the strengthening of the rule of law institutions collaborating in the field of Justice and Home Affairs the parties pay particular attention to the strengthening of the rule of law, the strengthening of institutions at all levels of governance in General and in particular the implementation of legislation and law enforcement. A specific objective of the cooperation is the principle of the independence of the judiciary and strengthening efficiency and institutional capacity-building, improved access to justice, creating suitable for police, customs and other law enforcement bodies, as well as ensuring appropriate training and the fight against corruption and organised crime. Article 79 protection of personal data With entry into force of this agreement, Bosnia and Herzegovina shall align their personal data protection legislation with Community law and other European and international legislation on the protection of privacy. Bosnia and Herzegovina shall establish an independent supervisory bodies with sufficient financial resources and human resources to effectively monitor and ensure the implementation of national legislation in the field of protection of personal data. The Parties shall cooperate in the attainment of this objective. Article 80 visa, border management, asylum and migration the Parties shall cooperate with Visa, border control, asylum and migration and development cooperation system in these areas, including at regional level, taking into account and making full use of other existing initiatives in this area. Cooperation in the above areas based on mutual consultation and close coordination between the parties, and shall include technical and administrative assistance a) exchange of information on national law and practice; (b) the development of legislation); (c) the effectiveness of the work of the institutions); (d) staff training); e) travel document security and detection of false documents; f) border management. Cooperation shall focus on the following aspects: (a)) in the field of asylum, on the implementation of the provisions of national law according to the 28 July 1951 Geneva Convention signed in on the status of refugees and the 1967 January 31 in New York signed a Protocol on refugee status standards to ensure compliance with the principle of non-refoulement, as well as other asylum seekers and refugees; (b) in the area of legal migration), the rules on admission and take the rights and status of the person. As regards migration, the Parties shall agree on the fair treatment of nationals of other countries who reside legally within their territory, and for the promotion of integration policies with the aim to align their rights and responsibilities your rights and obligations of nationals. 81. Article illegal immigration prevention and control; readmission 1. the Parties shall cooperate in order to prevent and control illegal immigration. Bosnia and Herzegovina and for this purpose Member States shall receive back their own nationals who illegally located in the territory of the other party, and the parties also agree to conclude and fully implement the readmission agreement, including commitments on other countries for the readmission of nationals and stateless persons. Member States and Bosnia and Herzegovina provides for its own nationals the appropriate identity documents and administrative facilities necessary for such purpose. Specific procedures for nationals and third-country nationals and stateless persons, for the readmission agreement on readmission. 2. Bosnia and Herzegovina agrees to conclude readmission agreements with other countries involved in the stabilisation and association process, and undertakes to take all the necessary measures referred to in this article, the readmission agreement and the implementation of a flexible fast. 3. The stabilisation and Association Council shall establish other joint measures that could be taken to prevent and control illegal immigration, including trafficking in human beings and illegal migration networks. Article 82 money laundering and terrorism financing 1. the parties will cooperate in order to prevent the use of their financial systems for criminal money laundering activities in General and drug offences in particular, money laundering, and terrorism financing. 2. cooperation in this area may include administrative and technical assistance with a view to promoting the implementation of the provisions and operation of the efficiently of the money laundering and financing of terrorism standards and mechanisms that are equivalent to community and other international forums, in particular the financial action task force (FATF), a group in the area accepted standards and mechanisms. Article 83 cooperation in drug trafficking 1. According to their respective powers and competences the Parties shall cooperate to ensure a balanced and integrated approach to drugs. Drug policies and actions aimed at strengthening the restricted drug apkarojoš structures, reducing the supply of prohibited drugs and illegal trade and the demand for them, eliminating the drug caused health problems and social consequences, as well as providing a more effective control of precursors. 2. the Parties shall agree on the necessary methods of cooperation to attain these objectives. The action is based on the generally accepted principles in line with the EU drug control strategy. 84. Article organized crime and other unlawful activities prevention and combating parties to work together to combat and prevent organized and other criminal and illegal activities, such as a) smuggling and trafficking in human beings; b) unlawful activities in the economy, in particular the different currency counterfeiting, illegal dealings in products such as, for example, industrial waste and radioactive materials, and business with illegal, counterfeit or pirated products; c) corruption, in both the private and public sectors, particularly in relation to non-transparent administrative practices; d) tax fraud; e) illegal drugs and psychotropic substances and trafficking; f) smuggling; g) illegal arms trade; h) counterfeiting; (I) the illegal car trade); j) Cyber. Promotes regional cooperation and compliance with internationally accepted standards in combating organised crime. Article 85 combating terrorism in accordance with the international conventions to which the parties are parties, and their respective national laws and regulations, the parties agree to cooperate to prevent and stop the terrorist acts and their financing: a) full implementation of the United Nations Security Council resolution 1373 (2001) and other relevant UN resolutions, international conventions and documents; b) exchanging information on terrorist groups and their support networks in accordance with international and national law; c) exchanging experience on combating terrorism means and methods, technical aspects and training, as well as exchanging experiences in respect of terrorism prevention.   Title VIII cooperation policy area article 86 1. the community and Bosnia and Herzegovina shall establish close cooperation aimed at supporting the development of Bosnia and Herzegovina and growth opportunities. Such cooperation shall strengthen existing economic links on the widest possible perspective, and is beneficial to both parties. 2. Policies and other measures designed to achieve sustainable Bosnia and Herzegovina's economic and social development. This policy should ensure the full integration of environmental considerations from the start, as well as a link to harmonious social development. 3. policies of cooperation include regional cooperation mode. Paying particular attention to measures that can foster cooperation between Bosnia and Herzegovina and its neighbouring countries including Member States, thus contributing to stability in the region. The stabilisation and Association Council may define priorities for cooperation in the following policy areas in line with the European partnership. 87. Article Economic and trade policy, the community and Bosnia and Herzegovina facilitate the progress of economic reform by cooperating to improve understanding of the fundamentals of the economy, economic policy formulation and implementation in the market economy. After the Bosnia and Herzegovina authorities, at the request of the community may provide assistance to support Bosnia and Herzegovina's efforts to create a functioning market economy and to gradually harmonize its policies with the European economic and Monetary Union policy based on stability. The cooperation also aims at strengthening the rule of law in the field of business, using a stable and non-discriminatory trade legal system. Cooperation in this area shall include informal exchange of information on European economic and Monetary Union principles and operation. Article 88 statistical cooperation cooperation between the parties in focusing on priorities related to the Community acquis in the field of statistics. The specific objective of the cooperation is the effective and sustainable statistical systems capable of providing comparable, reliable, objective and accurate data needed for Bosnia and Herzegovina's transition and reform process planning and supervision. Cooperation should also ensure that national statistical offices and better able to meet national and international customers (both public administration and private sector) needs. The statistical system has to comply with the United Nations fundamental principles of statistics laid down in the European statistics code of practice and European statistical legislation, as well as to develop the Community acquis. Article 89 banking, insurance and other financial services in Bosnia and Herzegovina and the Community cooperation focuses on priorities related to the Community acquis in the banking, insurance and other financial services. The aim of the cooperation is the creation of appropriate structures and development of Bosnia and Herzegovina in the banking, insurance and other financial services. Article 90 audit and financial Cooperation in the field of control of parties in cooperation focusing on priorities related to the Community acquis public internal financial control (PIFC) and external auditing. The Parties shall cooperate in developing and adopting appropriate legislation, with the aim to develop a transparent, effective and economical PIFC, including financial management and control and functionally independent internal audit and independent external audit system in Bosnia and Herzegovina according to internationally agreed control and audit standards and methodologies, as well as best practice in the EU. Also in collaboration to improve the functioning of the institutions and the training of staff to develop a public internal financial control (PIFC) and external audit (Supreme Audit institution) in Bosnia and Herzegovina, which provides for the harmonisation of central unit and the strengthening of financial management and control, and internal audit systems. Article 91 investment promotion and protection, in accordance with their respective competences, the parties ' cooperation in investment promotion and protection is to ensure favourable conditions for domestic and foreign private investment, which is very important for the economy of Bosnia and Herzegovina and the industrial recovery. Article 92 industrial cooperation cooperation shall aim to promote the industry of Bosnia and Herzegovina and sectoral modernisation and restructuring. This also applies to industrial cooperation between economic operators with a view to strengthening the private sector, on the basis of the conditions that ensure the protection of the environment. Industrial cooperation initiatives shall reflect both parties ' priorities. Take into account the regional aspects of industrial development, where necessary, encouraging international partnerships. Initiatives, in particular to promote businesses the appropriate system, improving the management and know-how and to support market development, transparency and the business environment. Cooperation shall take account of the Community acquis in the field of industrial policy. Article 93 small and medium-sized enterprises cooperation between the parties aimed at private sector small and medium sized enterprises (SMEs) development and strengthening, and it takes due account of the priorities related to the Community acquis in the field of SMEs, as well as the European Charter for small enterprises provided for in the ten guidelines. Article 94 tourism cooperation between the parties in the field of tourism primarily draws on the flow of information on the promotion of tourism (through international networks, databases, etc.), as well as the promotion of cooperation in the field of tourism between the tourism companies, experts and Governments and their competent agencies, and the transfer of know-how (through participation in training, exchange of experiences, seminars). Cooperation shall take due account of the Community acquis in this sector. Cooperation may include regional cooperation mode. Article 95 agriculture and agro-industry sector, cooperation between the Parties shall focus on priority areas related to the Community acquis in the field of agriculture, as well as veterinary and phytosanitary area. The specific aims of cooperation of Bosnia and Herzegovina and the agriculture and agro-industry modernization and restructuring of the sector, in particular, to achieve compliance with EU sanitary and phytosanitary requirements, as well as support for Bosnia and Herzegovina's legislation and practice progressive approximation of the Community rules and standards. Article 96 fisheries the Parties examine the possibility to establish mutually beneficial areas of common interest in the fisheries sector. Cooperation shall take due account of the priorities related to the Community acquis in the field of fisheries, including international commitments-international and regional fisheries organisations of rules on fishery resources management and retention — compliance. Article 97 customs the Parties shall establish cooperation in this area, to ensure trade compliance rules and acceptable to ensure Bosnia and Herzegovina's approximation of the customs system to a Community system, thereby helping align the way liberalisation measures planned in this agreement, and customs of Bosnia and Herzegovina and for the gradual approximation of legislation to the acquis. Cooperation shall take due account of the priorities related to the Community acquis in the field of customs. The rules on mutual administrative assistance in the customs area is designed for 5 minutes. Article 98 taxation the Parties shall establish cooperation in the field of taxation, as well as take measures to further reform the Bosnia and Herzegovina's fiscal system and restructure the tax administration to ensure effective tax collection and reinforcing the fight against fiscal fraud. Cooperation shall take due account of the priorities related to the Community acquis in the field of taxation and the fight against harmful tax competition. Adverse tax elimination of competition to take place on the basis of the code of conduct for business taxation, which was approved in 1997 by the Council on 1 December. Cooperation on improving transparency also steers and combating corruption, including the exchange of information with the Member States to promote the implementation of such measures, which prevent tax fraud or tax evasion. Bosnia and Herzegovina also complete the network of bilateral agreements with the Member States of establishment, as defined by the OECD tax on income and capital there in the updated version, as well as on the basis of the OECD model agreement on Exchange of information in tax matters, in so far as the Member State requesting them. Article 99 social cooperation the Parties shall cooperate to facilitate Bosnia and Herzegovina employment policy to strengthen economic reform and integration. Cooperation shall also support the Bosnia and Herzegovina's social security system adapting to the new economic and social requirements, in order to ensure equitable access and efficient support to all vulnerable persons, and may include rights of Bosnia and Herzegovina and adaptation in relation to working conditions and equal opportunities for women and men, people with disabilities and all vulnerable persons, including those belonging to minority groups, as well as improved worker safety and health level improvement on the standard of the current level of protection in the community. Cooperation shall take due account of the priorities related to the Community acquis in this area. Article 100 education and training the Parties shall cooperate in order to promote general education and vocational education and training level in Bosnia and Herzegovina, as well as youth policy and youth work level, including non-formal education. Higher education is a priority for the achievement of the objectives of the Bologna Declaration in accordance with the level of the intergovernmental Bologna process. The Parties shall also cooperate well in Bosnia and Herzegovina to ensure access to education and training at all levels, non-discriminatory gender, skin color, ethnic origin or religious belief. Bosnia and Herzegovina as a priority to determine the compliance with the obligations in respect of these matters are laid down in international conventions. The relevant Community programmes and instruments to promote education and training structures and activities improvement in Bosnia and Herzegovina. Cooperation shall take due account of the priorities related to the Community acquis in this area. Article 101 cultural cooperation the parties undertake to promote cultural cooperation. This cooperation also helps increase the mutual understanding and respect for the individual, the community and the nation. The parties also undertake to cooperate to promote cultural diversity, particularly under the UNESCO Convention on the protection and promotion of the diversity of cultural expressions. Article 102 cooperation in the audiovisual field, the Parties shall cooperate to promote the development of the audiovisual industry in Europe and encourage the collaboration of film and television. Cooperation could include inter alia programmes and facilities for journalists and other media professionals for training as well as technical assistance to public and private media to strengthen their independence, professionalism and links with the European media. Bosnia and Herzegovina shall align their policy content aspects of cross-border regulation of broadcasting with Community policies and their national legislation with the Community acquis. Bosnia and Herzegovina a special focus on issues related to the acquisition of intellectual property rights for programmes broadcast by satellite, terrestrial and cable frequencies. Article 103 information society cooperation focusing on priorities related to the Community acquis in this area. It mainly supports the policy of Bosnia and Herzegovina and the progressive adaptation of national legislation to Community policies and legislation in this field. The Parties shall also cooperate with the aim of further developing the information society in Bosnia and Herzegovina. Global objectives will be the preparation of the public as a whole digital century, investment attraction and networks and interoperability of services. Article 104 electronic communications networks and services cooperation focuses on priorities related to the Community acquis in this area. The Parties shall strengthen cooperation particularly in electronic communications networks and electronic communications services, to Bosnia and Herzegovina, within one year after the date of entry into force of this agreement to adopt the Community acquis in this sector. 105. Article Information and communication, the community and Bosnia and Herzegovina shall take the necessary measures to facilitate the exchange of information. The priority is a program whose goal is to provide the general public with basic information about the community, as well as more specific information of Bosnia and Herzegovina and the professional community. Article 106 Transport Cooperation between the parties in focusing on priorities related to the Community acquis in the field of transport. Collaboration can be a specific objective of Bosnia and Herzegovina, transport restructuring and modernisation, improving the free movement of passengers and of the free movement of goods, facilitating access to the transport market and facilities, including ports and airports, supporting multimodal infrastructure development in conjunction with the main trans-European networks, in particular to strengthen regional links in South-Eastern Europe under the memorandum of understanding on the core regional transport network development reaches the operating standards that are equivalent to Community standards as laid down in the development of the Bosnia and Herzegovina's transport system, which is compatible and consistent with the Community framework, as well as improving environmental protection in the field of transport. Article 107 Energy Cooperation focuses on priorities related to the Community acquis in the field of energy. It is based on the Energy Community Treaty and with the aim of gradually developing to include Bosnia and Herzegovina in European energy markets. Article 108 environment the parties create and strengthen cooperation to perform the very important task of combating environmental degradation and the subsequent start of environmental improvement, focused on sustainable development. The parties, in particular, to initiate cooperation, the aim of which is to strengthen the administrative structures and procedures to ensure the environmental strategic planning and coordination between relevant actors and focusing on Bosnia and Herzegovina's legislation with the Community acquis. The main focus of this cooperation could also be devoted to the development of strategies to reduce significantly the air and water pollution, including waste and chemical pollution at the local, regional and cross-border level, an effective, environmentally friendly, sustainable and renewable energy production and consumption system and to assess the impact on the environment, and carry out the strategic environmental assessment. Pay particular attention to the ratification of the Kyoto Protocol and its implementation. Article 109 cooperation in research and technological development the Parties shall promote cooperation in civil scientific research and technological development, on the basis of mutual benefit and, taking into account the availability of resources, adequate access to their respective programmes, subject to appropriate intellectual, industrial and commercial property rights to effective protection. Cooperation shall take due account of the priorities related to the Community acquis research and technological development. Article 110 regional and local development the Parties shall seek to strengthen cooperation in regional and local development, with the aim of promoting economic development and reducing disparities between regions. Paying particular attention to cross-border, international and interregional cooperation. Cooperation shall take into account the priorities of the Community acquis in the field of regional development. Article 111 public administration reform Cooperation aims to continue to develop effective and responsible public administration in Bosnia and Herzegovina, on the basis of the reform measures taken in this field so far. The main objective of cooperation in this area is institution building according to the requirements of the European partnership, and it includes the following aspects: transparent and fair recruitment of workers in the establishment and implementation of procedures, human resources management and career development of staff, further training, promotion of ethical standards in public administration and the strengthening of the policy making process. The reform measures will take into account the objectives of fiscal sustainability to address aspects of the fiscal system. Cooperation shall cover all levels of Government in Bosnia and Herzegovina.   Title IX financial cooperation article 112 for the attainment of the objectives of this agreement and in accordance with 5.113.115, and Bosnia and Herzegovina article may receive financial assistance from the community in the form of subsidies and loans, including loans from the European investment bank. A condition for the granting of Community aid is further progress towards fulfilment of the Copenhagen criteria and in particular progress in the special priorities of the European partnership. Also take account of the annual progress report on Bosnia and Herzegovina assessment. The granting of Community aid also depends on the stabilisation and association process, in particular the conditions relating to the recipient's commitment to democratic, economic and institutional reforms. Bosnia and Herzegovina allocated aid is intended to take account of the specific needs and priorities for which agreed, reflect the ability to use and, if necessary, to repay the funds, as well as to implement economic reform and restructuring measures. Article 113 financial assistance may be granted in the form of grants in accordance with the relevant Council regulation within a multi-annual indicative programme on the basis of annual action programmes, which the Community shall establish, in consultation with the Bosnia and Herzegovina. Financial assistance may be provided for any of the areas of cooperation, with particular attention to justice and Home Affairs, as well as the harmonisation of legislation and economic development. 114. Article to achieve the optimal use of the resources available, the Parties shall ensure that community contributions are closely coordinated with contributions from other sources such as the Member States, other countries and international financial institutions. To this end, the Parties shall regularly exchange information on all sources of assistance.   Title x INSTITUTIONAL, General and final provisions article 115 is hereby established the stabilisation and Association Council, which monitors the application of this agreement and implementation. It is at the appropriate level on a regular basis and when circumstances require. It shall examine any major issues arising in connection with this agreement and any other bilateral or international issues of mutual interest. 1. Article 116 of the stabilisation and Association Council shall consist of the Council of the European Union and members of the European Commission, of the one part, and Bosnia and Herzegovina, members of the Council of Ministers, on the other hand. 2. The stabilisation and Association Council shall adopt its own rules of procedure. 3. The stabilisation and Association Council may be represented by the members in accordance with the rules of procedure should be developed. 4. the stabilisation and Association Council on round led by the community and by the representative of Bosnia and Herzegovina in accordance with the rules of procedure should be developed. 5. Matters relating to it, the European investment bank shall take part in the stabilisation and Association Council as an observer. 117. Article to achieve the objectives of this agreement, the stabilisation and Association the Council has the power to take decisions within the scope of the agreement and in the cases provided for there. The decisions taken shall be binding on the parties which shall take the measures to fulfill them. The stabilisation and Association Council may also make appropriate recommendations. Its decisions and recommendations by mutual agreement between the parties. 118. Article 1 the stabilisation and Association Council in its work of helping the stabilisation and Association Committee, which includes representatives of the Council of the European Union and the representatives of the European Commission, of the one part, and Bosnia and Herzegovina's Council of Ministers, on the other. 2. The stabilisation and Association Council shall establish its rules of procedure the stabilisation and Association Committee, which shall include the stabilisation and Association Council, the preparation of meetings, as well as how that Committee is working. 3. The stabilisation and Association Council may delegate to the stabilisation and Association Committee any of its powers. In such a case, the stabilisation and Association Committee shall take its decisions in accordance with the conditions laid down in article 117. Article 119 the stabilisation and Association Committee may create subcommittees. The stabilisation and Association Committee in order to ensure the proper implementation of this agreement to establish a Subcommittee to the end of the first year, since the entry into force of this agreement. Create a Subcommittee on migration issues. Article 120 the stabilisation and Association Council may decide to set up any other Special Committee or body that can assist it in carrying out its duties. The stabilisation and Association Council on its rules of Procedure establish such Committee or body composition and responsibilities, and how they work. 121. Article is hereby established, within the framework of the stabilisation and Association Parliamentary Committee. It is Bosnia and Herzegovina's Parliamentary Assembly members and members of the European Parliament forum to meet and exchange views. It determines the frequency of their meetings. The stabilisation and Association Parliamentary Committee shall consist of members of the European Parliament and the Bosnia and Herzegovina Parliamentary Assembly members. The stabilisation and Association Parliamentary Committee shall establish its rules of procedure. The stabilisation and Association Parliamentary Committee to run for the European Parliament and the Bosnia and Herzegovina Parliamentary Assembly in accordance with the provisions to be determined in the rules of procedure. 122. Article within the scope of this agreement, each party undertakes to ensure that natural and legal persons of the other party without discrimination in relation to its own nationals have access to the competent courts and administrative organs of the parties to defend their individual rights and their property rights. Article 123 nothing in this Agreement shall prevent a party from taking any measures, a) which it considers necessary to prevent the disclosure of information contrary to its essential security interests; (b)) relating to the production of, or trade in, arms, munitions or war materials, or defence purposes research, development or production, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes; c) which it considers essential to its own security serious internal disarray, the observance of law and order in time of war or serious international tension constituting threat of war or the order to carry out obligations it has undertaken to make the maintenance of international peace and security. 124. Article 1 in the fields covered by this agreement and without prejudice to any special provisions contained therein: (a) measures taken by Bosnia and Herzegovina) in respect of the Community shall not give rise to any discrimination between the Member States, their nationals, companies or firms; (b)) the arrangements applied by the community for Bosnia and Herzegovina, should not lead to any discrimination with regard to nationals of Bosnia and Herzegovina, companies or firms. 2. paragraph 1 of this article shall preclude the right of the parties to apply the relevant tax legislation for different taxpayers that the situation is different in their place of residence. 125. Article 1 the Parties shall take any general or specific measures required to fulfil their obligations under this agreement. They shall ensure that the objectives of this agreement are attained. 2. the Parties shall agree, at the request of one of the parties, through appropriate channels to immediately consult on all questions relating to the interpretation or application of this agreement, and other aspects of the relations between the parties. 3. the parties may submit the stabilisation and Association Council disputes concerning the application or interpretation of this agreement. In this case apply to article 126 and, where applicable, 6. Protocol. The stabilisation and Association Council may settle the dispute by binding decision. 4. If either party considers that the other party has not fulfilled its obligations under this agreement, it may take appropriate measures. Before so doing, except in cases of special urgency, it shall supply the stabilisation and Association Council with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to both parties. In the selection of measures, priority must be given to those which least disturb the functioning of this agreement. These measures shall be notified immediately to the stabilisation and Association Council and shall be the subject, if the other party so requests, of consultations within the stabilisation and Association Council, the stabilisation and Association Committee or other structure that is created on the basis of article 119 and 120. 5.2, 3, and 4. the provisions of paragraph shall in no way prejudice the 30, 38, 39, 40 and 44, as well as of article 2, the provisions of the Protocol ". Article 126 1. If a dispute arises between the parties concerning the interpretation or implementation of this agreement, any party shall transmit to the other party and the stabilisation and Association Council official request to resolve a particular dispute. If either party considers that the other party by taking measures or not acting in violation of its obligations under this agreement, a formal request to resolve a particular dispute is grounds for this opinion and indicate that, depending on the case, the party may adopt measures as provided for in paragraph 4 of article 125. 2. the parties trying to resolve the dispute, starting discussions with the good will of the stabilisation and Association Council or other bodies, as provided for in paragraph 3, as soon as possible to achieve a mutually acceptable solution. 3. the Parties shall submit to the stabilisation and Association Council with all relevant information required for a thorough examination of the situation. While the domstarpībasnav solved, they discuss each of the stabilisation and Association Council, except when it is launched in the arbitration procedure provided for in the Protocol. The dispute is considered resolved when the stabilisation and Association Council adopted a binding decision on the matter, as provided for in paragraph 3 of article 125, or, if it is announced that the dispute no longer exists. Discussing disagreements can occur in any of the stabilisation and Association Committee or any other Committee or department concerned, established on the basis of article 119 or 120., meeting in accordance with the agreement of the parties, or at the request of either party. Consultation may also take place in writing. The entire consultation shared information remains confidential. 4. in respect of the matters covered by the scope of the Protocol 6, a party may require that the dispute be resolved through arbitration procedure under that Protocol, if the parties have failed to resolve the dispute within two months of the dispute resolution proceedings in accordance with paragraph 1. 127. Article While under this agreement does not achieve the equivalent rights for individuals and economic operators, this Agreement shall not affect the rights secured to them the existing agreements binding one or more Member States, of the one part, and Bosnia and Herzegovina, of the other part. 128. Article form an integral part of this agreement is annex I to VII and Protocol 1 to 7. This agreement is an integral part of the 2004 November 22, signed the framework agreement between the European Community and Bosnia and Herzegovina on the General principles for the participation of Bosnia and Herzegovina and the annexes thereto, of the community programmās1. In this framework the review provided for in article 8 shall be carried out in the stabilisation and Association Council, which is empowered to amend it, if necessary.
1 OJ L 192, 22.7.2005, p. 9 Article 129 this agreement is concluded for an indefinite period. Any party may denounce this agreement by notifying the other party. This agreement shall cease to apply six months after the date of such notification. Any party to this agreement may be suspended immediately if the other party fails to comply with any of the essential elements of this agreement. 130. Article of this agreement ' States parties ' means the community or its Member States, or the community and its Member States, in accordance with their respective powers, of the one part, and Bosnia and Herzegovina, of the other part. Article 131 this Agreement shall apply, on the one hand, to the territories in which the treaties establishing the European Community and the European Atomic Energy Community are applied and under the conditions laid down in those treaties and, on the other hand, to the territory of Bosnia and Herzegovina. 132. Article is the depository of this agreement the Secretary-General of the Council of the European Union. Article 133 this agreement is drawn up in duplicate in the Bulgarian, Spanish, Czech, Danish, German, Estonian, Greek, English, French, Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish, Bosnian, Croatian and Serbian languages, each of these texts being equally authentic. 134. Article Parties ratify or approve this agreement in accordance with their respective procedures. The instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Union. This agreement shall enter into force on the first day of the second month following the deposit of the last instrument of ratification or approval of the following day. 135. the interim agreement if the ARTICLE while not yet completed procedures for the entry into force of this agreement, some of the provisions of this agreement, particularly on the free movement of goods, as well as the relevant provisions of the transport, entry into force an interim agreement between the community and Bosnia and Herzegovina, the parties agree that, in the circumstances of section IV of the agreement and article 71 and 73, 1., 2. , 4, 5, 6 and 7 of the Protocol, and the relevant provisions of the Protocol "entry into force of the agreement the date" is the date of the entry into force of the interim agreement in relation to those provisions set out commitments.   Съставено в Люксембург на шестна десети юни две хиляди и осма година. Hecho en Luxemburg, el diecise de junio de a Ocho dosmil. V DNI šestnáctéh by the červn Lucemburk Ms of the osm tisíc. Udfærdige i den sekstend in jun to their Luxembourg tusind og Otto. Geschehen zu Luxemburg am sechzehnten Juni zweitausendach. The tuhand of the kaheksand of aast Kah-juuniku kuueteistkümnendal päeval of Luxembourg. ΄Εγινε στις δέκα έξι στ-Ιουνίου δύο Λουξεμβούργο, οκτώ χιλιάδες. Done at Luxembourg on the sixteenth day of June in the year two thousand and eight. Fait à Luxembourg, le seize juin deux Mille hui. A lussemburgo, addì Fatt sedic, giugno duemilaott. In Luxembourg, the twenty-eighth of the sixteenth of June. Tūkstanči of aštuntų Priimt du šešioliktą dieną Liuksemburg metų birželio. Kel Luxembourgban kétezer-a, a júni of tzenhatodik napján év nyolcadik. Magħmul fil-Lussemburg, fis-sittax-il-Ġunj ta ' you old elfejn u of this tmienj. Gedaan te Luxemburg, de-zestiend Juni tweeduizend ach. Sporządzon-w dnia szesnasteg Luxembourg hands the czerwca DWA-tysiąc ósmeg. Luxemburg, em appoints Pieter Feith em dezasse de DOIs mil e de Junh Oita. Închei a la şaisprezec I la Luxembourg, a două Mia in the opt. Luxemburg v šestnásteh a DNA dvetisícos of jún. V Luxembourg, šestnajsteg June of the DNA of the DVA tisoč counter os. Tehty Luxemburgiss kuudentenatoist päivänä kesäkuut of the vuonn of the kaksituhattakahdeksan. SOM den sextond in Luxemburg skedd i Juni tjugohundraått. Sačinjen the šesnaestog of Luxembourg, the dvij of the hiljad of the osm Yun is godin. Sačinjen šesnaestog of the lipnj of Luxembourg, the u of a is the godin dvij tisuć osm. Састављено у Луксембургу, шесна естога јуна двије хиљаде осме године.
 


  The list of annexes and protocols – ANNEX annex I (article 21)-Bosnia and Herzegovina tariff concession for Community industrial products-annex II (article 27 (2))-' baby-beef ' products defined in annex III (article 27)-Bosnia and Herzegovina tariff concessions of the Community origin of primary agricultural products-annex IV (article 28) – duties applicable to Bosnia and Herzegovina for imports of products originating in the community – annex V (article 28) – duties applicable to Community imports of products originating in Bosnia and Herzegovina – annex VI (article 50)-business: financial services: annex VII (article 73) – intellectual, industrial and commercial property rights Protocols-Protocol No 1 (article 25)-For trade between the community and Bosnia and Herzegovina in processed agricultural products-Protocol No 2 (42)-on the definition of the concept of originating products and methods of administrative cooperation, the agreement concluded between the community and Bosnia and Herzegovina the application of the condition-3 Protocol (59)-For land transport, Protocol 4 (article 71) – on State aid to the steel industry Protocol 5 (article 97) – on mutual administrative assistance in customs matters Protocol 6 (article 126) – Dispute resolution – 7. Protocol (article 27) – on reciprocal preferential trade concessions for certain wines, as well as wines, spirit drinks and aromatised wine names in mutual recognition, protection and control of the annexes and protocols to the WORD format