For The Republic Of Latvia And The Republic Of Poland, The Free-Trade Agreement

Original Language Title: Par Latvijas Republikas un Polijas Republikas brīvās tirdzniecības līgumu

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The Saeima has adopted and the President promulgated the following laws: the Republic of Latvia and the Republic of Poland, the free trade agreement article 1. 1997. April 28 Warsaw signed in the Republic of Latvia and the Republic of Poland, the free trade agreement (hereinafter the agreement), its annexes I, II, III, IV and V (hereinafter the annex), 1, 2, and 3. the Protocol (hereinafter referred to as the Protocol) and the memorandum of understanding (hereinafter referred to as the memorandum) by this law are accepted and approved.
2. article. The law shall enter into force on the date of its promulgation. With the law put a contract, annexes, protocols and memorandum, Latvian and English.
3. article. The agreement, annexes, protocols and Memorandum shall enter into force on article 39 of the Treaty within the prescribed time and manner, and shall notify the Ministry of Foreign Affairs Gazette "journal".
The law adopted by the Parliament in 1997, October 30.
The President g. Ulmanis in Riga in 1997 on November 14, free trade agreement Between the Republic Of Poland And the Republic Of Latvia preamble-the Republic of Poland and the Republic of Latvia (hereinafter called the parties), Having regard to the Declaration of Prime Minister of the Central European free trade agreement countries, done in Brno on 11 September 1995, Recalling their intention it is actively participat in the process of economic integration in Europe and expressing their preparedness to co-operate in seeking ways and means to strengthen this process, Reaffirming their firm commitment to the principles of a market economy which constitut the basis for their relations, Recalling their firm commitment to the Final Act of the Conference on Security and Co-operation in Europe, the Paris Charter, and in particular the principles led in the final document of the Bonn Conference on Economic Co-operation in Europe , Referring to the agreement on mutual trade and economic cooperation between the Republic of Poland and the Republic of Latvia, signed on 27 September, 1992, Resolved to this end to eliminat is progressively removes it substantially all of the their mutual trade, in accordanc with the provision of the General Agreement on Tariff and Trade 1994 and the agreement establishing the World Trade Organization , Firmly convinced that this agreement will foster the intensification of mutually beneficial trade relations among them and contribute to the process of integration in Europe, have decided as follows: article 1 Objective 1. The Parties shall establish, during the transitional period a gradually ending at the latest on January 1, 2001, a free trade area in accordanc with the provision of the present agreement and in conformity with those of the General Agreement on Tariff and Trade 1994, in particular Article XXIV of the GATT, and the agreement establishing the World Trade Organization.
2. The objective of the present agreement are: 1. to promote, through the expansion of mutual trade, the harmonio of the development of economic relations between the parties and that it foster the advance of their economic activity, the improvement of living and employment conditions, and increase of the productivity and financial stability;
2. to provide fair conditions of competition in trade between the parties;
3. to contribute in this way, by the removal of barriers to trade, to the harmonio of the development and expansion of the world trade.
Chapter I Industrial products article 2 scope Provision of this Chapter shall apply to industrial products originating in the parties. For the purpose of this agreement "industrial products" means products falling within Chapter 25 to 97 of the Harmonized Commodity Description and Coding System, with the exception of the products listed in Annex i. Article 3. Basic duties 1. For each product the basic duty to which the successive reduction set out in this agreement to be applied shall be with the Most Favoured Nation rate of duty applicable on January 1 , 1997.2. If, after entry into force of the agreement, any tariff reduction is applied on an erga omnes basis, in particular the reduction of the resulting from the tariff agreement concluded as a result of the Uruguay Round of trade negotiation, multilaterals, such reduced duties shall replace the basic duties referred to in paragraph 1 as from the date when such reduction with applied.
3. The reduced duties calculated in accordanc with, paragraph 2, shall be applied rounded to the first decimal place.
4. The Parties shall communicate to each other their respectiv custom of duties.
Article 4 customs duties on imports Of 1 new customs duties on imports shall be introduced, nor shall those already applied be increased, in trade between the parties as from the entry into force of this agreement.
2. Customs duties on imports for products originating in the Parties shall be abolished in accordanc with the provision laid down in Protocol 1 article 5. Charges having equivalent effect their import duties 1. From new charges having an effect equivalent to customs duties on imports shall be introduced in trade between the parties as from the entry into force of this agreement.
2. All charges having an effect equivalent to customs duties on imports shall be abolished on the date of the entry into force of this agreement.
Article 6 Fiscal duties the provision of article 4 shall also apply to customs duties of a fiscal nature.
Article 7 customs duties on exports and charges having equivalent effect From customs duties on exports or charges having equivalent effect shall be applied in trade between the parties as from the entry into force of this agreement, except as provided for in Annex II article 8. restriction on import of Quantitativ and measure having equivalent effect of 1. restriction on the quantitativ from new imports or measure having equivalent effect of shall be introduced in trade between the parties as from the entry into force of this agreement.
2. All the restriction and the quantitativ measure having equivalent effect on imports of products originating in the Parties shall be abolished on the date of entry into force of the agreement, except as provided for in Annex III. Article 9. restriction on exports of Quantitativ and measure having equivalent effect of 1. restriction on the quantitativ of new exports or measure having equivalent effect of shall be introduced in trade between the parties as from the entry into force of this agreement.
2. All the restriction and the quantitativ measure having equivalent effect on exports of products originating in the Parties shall be abolished on the date of the entry into force of the agreement, except as provided for in Annex IV. Article 10. Information procedure on draft technical regulations 1. The Parties shall notify each other, at the practicabl stage and the earlies in accordanc with the provision laid down in Annex V of the draft technical regulations and draft amendments to the, which intends to theret they issue.
2. The Joint Committee shall decide on the date of implementing the provision of paragraph 1. Chapter II-Agricultural products article 11 scope 1. Provision of this Chapter shall apply to agricultural products originating in the parties to this agreement.
2. For the purpose of this agreement "agricultural products" means products falling within Chapter 1 to 24 of the Harmonized Commodity Description and Coding System and the products listed in Annex i. Article 12 exchange of concession 1. The parties to this Agreement each others will grant concession specified in Protocol 2 in accordanc with the provision of this Chapter and those put down in this Protocol.
2. Taking account of:-the role of agriculture in their economies, the development of: trade in agricultural products between the parties, the particular sensitivity of the agricultural products, — the rules of their agricultural policies, the consequences of the multilaterals trade negotiation under the General Agreement on Tariff and trade and of the World Trade Organization, the Parties shall examin the possibilities of granting each other further concession.
Article 13 Concession and agricultural policies 1. Without prejudice to the concession is granted under article 12, a provision of this Chapter shall not restrict in any way the pursuanc of the respectiv in agricultural policies of the parties or applications of any measure of under such policies, including the implementation of the results of the Uruguay Round agreements.
2. The Parties shall notify the Joint Committee to the changes in agricultural policies pursued by their respectiv or measure applied for, which may be affec condition of agricultural trade among them as provided for in this agreement. On the request of a Party shall be held in prompt consultation to examin the situation.
Article 14-Specific safeguards of this provision Notwithstanding the other agreement, and in particular article 27, and given the particular sensitivity of the agricultural products, if imports of products originating in a Party, which are the subject of the concession granted under this agreement, cause serious disturbanc to the markets of the other Party, the Party concerned shall immediately enter into a consultation to find an appropriate solution. Pending such solution, the Party concerned may take the measure it not cessary deemas.
Article 15 1 of the Sanitary and measure of fitosanitary concerning veterinary and phytosanitary Measure. control will be harmonized between the parties on the ground of the European Union legislation.
2. The parties commit themselves not to introduce discriminatory or other unusual measure of which would limit the flow of information, animals, plants or products.
3. The Parties shall apply the regulations provided for in the WTO agreement on the Application of Sanitary and Phytosanitary the Measure.
Chapter III-the General provision of article 16 rules of origins and co-operation in customs administration

1. Protocol 3 lay down the rules of origin and related methods of administrative co-operation.
2. The parties to this Agreement shall take the appropriate measure, including the regular review by the Joint Committee and arrangements for administrative co-operation, to ensur that the provision of Protocol 3 and articles 3 to 9, 12, 17, 27, 28 and 29 of the agreement by effectively and harmoniously applied, and to reduce, as far as possible, the formalit imposed on trade in and to achieve a mutually satisfactory, solutions to any arising from the difficult to the operations of those provision.
Article 17-Internal taxation 1. The parties to this Agreement shall refrain from any measure or practice of an internal fiscal nature establishing, directly or indirectly, discrimination between the whethers the products originating in the parties.
2. Exporters may not benefit from repaymen of internal taxation in excess of the amount of direct or indirect taxation imposed on products exported to the territory of one of the parties.
Article 18 General exception to this Agreement shall not preclud a prohibition or restriction on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants and environment; the protection of the treasures of culture; the protection of intellectual property or rules relating to gold or silver or the conservation of the natural resources of exhaustibl, if such a measure made effective in conjunction with restriction on domestic production or consumption. Such prohibition or restriction shall not, however, be a means of constitut arbitrary discrimination or a disguised restriction on trade between the parties.
Article 19 exception to Nothing in this Security Agreement shall prevent a Party from taking any measure which it does not consider the cessary: 1. prevent the disclosure of information contrary to its essential security interests;
2. for the protection of its essential security interests or for the implementation of international obligations or national policies: (i) relating to the traffic in arms, ammunition and implements of war, provided that such measure's do not impair the conditions of competition in respect of products not intended for specifically military purpose, and to such traffic in other goods, materials and services , as is carried on directly or indirectly for the purpose of supplying a military establishment; or (ii) relating to the non-proliferation of biological and chemical weapon, nuclear weapon or other nuclear explosive devices; or (iii) taken in time of war or other serious international tension.
Article 20 the State monopoly in the 1. The Parties shall progressively adjust any State monopoly of a commercial character so as to ensur that by the end of July 1, 1999 of discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the parties. The Joint Committee will be informed about the measure adopted by it implementations that this objective.
2. The provision of this article shall apply to any body through which the competent authorities make of the parties, in law or in fact, either directly or indirectly supervis or determin the principles or appreciably influence imports or exports between the parties. These shall apply to the provision of monopoly to likewis delegated by the State to other bodies.
Article 21 payments 1. Payments in freely convertible currencies relating to trade in goods between the parties and the transfer of such payments to the territory of the Party to this agreement, where the resident programs, preparing shall be free from any restriction.
2. The Parties shall refrain from any Exchange or administrative restriction on the grant, repaymen or acceptance of short and medium-term credits to trade transactions in which a resident of a Party participat.
3. Notwithstanding paragraph 2, the parties reserve the right to apply Exchange restriction on the grant or acceptance of short and medium-term credits, related to trade in goods, to the exten the permitted according to their status under the IMF, provided that these restriction with applied in a non-discriminatory manner as regards the origin of the products and that they are not applied only to specific products or kind of products. The restriction shall be of a limited duration and shall be eliminated when conditions no longer justify their maintenance. The Parties shall promptly inform the Joint Committee of the introduction of such measure and of any changes therein.
Article 22 the rules of competition concerning undertaking 1. The following are the incompatibl with the proper functioning of this agreement in so far as they may not be trade between gatively affec the parties: (a) all agreements between undertaking, decision by associations of undertaking and concerted practices between undertaking, which have as their object or effect the prevention, restriction or distortion of competition;
(b) abuse by one or more undertaking of a dominant position in the territories of the parties as a whole or in a substantial part thereof.
2. The provision of paragraph 1 shall apply to the activities of all of the public undertaking including undertaking and undertaking to which the parties grant special or exclusive rights. The undertaking entrusted with the operation of services of general economic interest or having the character of a revenue-producing monopoly shall be subject to, provision of paragraph 1 insofar as the application of these provision will give not the obstruc performance, in law or fact, of the particular tasks assigned to the publication.
3. With regard to products referred to in Chapter II the provision for stipulated in paragraph 1 (a) shall not apply to such agreements, decisions and practices which form an integral part of a national market organization.
4. If a Party consider that a given practice is incompatibl with paragraphs 1, 2 and 3 of this article, or if such practice causes or threaten to cause serious prejudice to the interest of that Party or material injury to its domestic industry, the Party concerned may take appropriate measure under the condition of and in accordanc with the procedure put down in article 31 article 23 State Aids Any AIDS granted by 1 a State being a Party to This agreement or through State resources in any form whatsoever which distort or threaten to the competition by favouring certain undertaking distor or the production of certain goods shall, in so far as it may not be trade between gatively affec the parties to this agreement, the BEA incompatibl with the proper functioning of this agreement.
2. The provision of paragraph 1 shall not apply to products referred to in Chapter II. 3. The Joint Committee shall, within three years from the entry into force of this agreement, adop the criteria on the basis of which the practices contrary to paragraph 1 shall be assessed, as well as the rules for their implementation.
4. The Parties shall ensur is transparency in the area of State aid measure, inter alia by reporting annually to the Joint Committee on the total amount and the distribution of the aid given and by providing to the other Party, upon request, information on aid schemes and on particular individual cases of State aid.
5. If a Party consider that a particular practice is: incompatibl with the terms of paragraph 1, and is not adequately deal with under the implementing rules referred to in paragraph 3, or, in the absence of rules, referred to in paragraph 3, or threaten to cause, cause serious prejudice to the interest of that Party or material injury to its domestic industry it may take the appropriate measure of under the condition of and in accordanc with the provision laid down in article 31. Such appropriate measure may only be taken on in conformity with the procedures and under the conditions laid down by the General Agreement on Tariff and Trade 1994 and by the agreement establishing the World Trade Organization (agreement on Subsidies and Countervailing Measure) , and any other relevant instrument negotiated under their not auspic's, which with the applicable between the parties to the agreement.
Article 24 Public procurement 1. The parties consider the liberalization of their respectiv public procurement markets as an objective of this agreement.
2. The Parties shall progressively adjust their respectiv rules, conditions and practices concerning public procurement with a view to the grant of the suppliers of the other parties, at the latest by 1 January 2001, access to contract award procedures on their respectiv public procurement markets according to the provision of the agreement on government procurement in Annex IV to the agreement establishing the World Trade Organization.
3. The Joint Committee shall examin the developments related to the achievement of the objective of this article and may recommend to the modalit of implementing the practical provision of paragraph 2 of this article, so as to ensur free access, transparency and full balance of rights and obligations.
4. During the examination, referred to in paragraph 3 of this article, the Joint Committee may consider, especially in the light of international regulations in this area, the possibility of extending the coverage and/or the degree of the market opening provided for in paragraph 2. The Parties shall endeavour to accede to the relevant agreements negotiated under the auspic's not of the General Agreement on Tariff and Trade 1994 and the agreement establishing the World Trade Organization.
Article 25 Protection of intellectual property

1. Each Party shall recognize the copyright and rights in their works without their ighboring which citizens and the institutions of the other Party, as well as their legal successors, entitled, independently of the the place of their first publication. Each Party shall ensur the protection of such rights on the same conditions as those created by its internal legislation with respect to its own citizens and institutions. Furthermore, the parties to mutually undertak respect the copyright and the rights of their citizens not ighboring and institutions in accordanc with the standards binding in the European Union. In particular, the parties to mutually respect the undertak the standard of protection provided for in the Berne and Rome Convention.
2. The Parties shall grant and ensur protection of intellectual property rights on a non-discriminatory basis, including measure for the grant and enforcement of such rights. Parties confirm their will to respect the obligations and requirements arising from the WTO agreement on Trade-Related aspects of Intellectual Property Rights (TRIPS), as well as other agreements which are signed by both parties, in particular the Paris Convention for the protection of industrial property (Stockholm Act, 1967).
3. For the purpose of this agreement "industrial property protection" includes in particular protection of patent, utility model, industrial design, trade mark, indication of location, to integrated circuits, topograph as well as undisclosed information (know-how).
4. The parties to this agreement may further agreements in conclud exceeding the requirements of this agreement.
5. The protection of integrated circuits of the topograph to, granted by a Party to this agreement, shall be provided in accordanc with the principles of the TRIPS Agreement.
6. The Parties shall co-operate in matters of industrial property. They shall hold, upon request of a Party, the expert consultation on these matters, in particular on activities relating to the existing or future international agreements on harmonization, administration and enforcement of industrial property rights, and on activities in international organizations, such as the World Intellectual Property Organization, World Trade Organization, as well as on the relations of the parties with third countries in matters concerning industrial property.
Article 26 If a tidal power Party to this agreement finds that dumping within the meaning of article VI of the GATT 1994 is taking place in trade relations governed by this agreement, it may take the appropriate measure of against that practice, in accordanc with article VI of the General Agreement on Tariff and Trade 1994 and the WTO agreement on Implementation of article VI of the General Agreement on Tariff and Trade 1994 , under the conditions and in accordanc with the procedure put down in article 31. Article 27 of the General safeguards where any product is being imported in such increased under such conditions and quantit as their cause or threaten to cause: (a) serious injury to the domestic producer of like or directly competitive products in the territory of the importing Party, or (b) serious disturbanc in any related sector of the economy or which could bring about difficult to serious deterioration in the economic situation of a region, the Party concerned may take appropriate measure under the condition of and in accordanc with the procedure put down in article 31 of the present agreement, article XIX of the General Agreement on Tariff and Trade 1994 and the WTO agreement on safeguards.
Article 28 Structural adjustment 1. Exceptional measure of limited duration, which from the derogat provision of article 4, may be taken by any of the parties in the form of increased customs duties.
2. the measure of these may only concern infant industries, or certain sectors undergoing restructuring or facing serious is difficult, particularly where these difficult to produce important social problems.
3. Customs duties on imports applicable in the Party concerned the products originating in the other Party, introduced by these exceptional measure, may note 12 25% ad valorem and shall maintain an element of preference for products originating in the other Party. The total value of imports of the products which are the subject of the measure may not these exceeds 100% of the total imports of the 15 industrial products from the other Party as defined in Chapter I, during the last year for which statistics are available.
4. the measure shall be applied for these for a period not exceeding four years unless a longer duration is authorized by the Joint Committee. They shall cease to apply at the latest at the expiration of the transitional period.
5. From such measure can be introduced in the respect of a product if more than three years elapsed since the entry into force of this agreement or since the elimination of all duties and charges or restriction of quantitativ or measure having an equivalent effect of concerning that product.
6. The Party concerned shall inform the Joint Committee of any exceptional measure it intends to take and, at the request of the other Party, shall be held for consultation in the Joint Committee on such measure and the sector to which they apply before they are applied. When taking such measure the Party concerned shall provide the Joint Committee with a schedule for the elimination of the customs duties introduced under this article. This schedule shall provide for a phasing out of these duties starting at the latest two years after their introduction, at equal annual rates. The Joint Committee may decide on a different schedule.
Article 29 Re-export and serious shortage of where compliance with the provision of articles 7 and 9 lead to: (a) re-export towards a third country against which the exporting Party maintains for the product concerned by the export restriction quantitativ, export duties or charges having equivalent or "effect; or (b) a serious shortage, or threat thereof, of a product essential to the exporting Party;
and where the situation is referred to above give rise or are likely to give rise to major difficult for the exporting Party, that Party may take appropriate measure under the condition of and in accordanc with the procedures put down in article 31. Article 30 Fulfilmen of obligation 1. The Parties shall take any general or specific measure required for it to fulfil their obligations under the agreement. They shall ensur to it that the objective of the set out in the agreement are achieved.
2. If a Party consider that the other Party has failed to fulfil an obligation under this agreement, the Party concerned may take appropriate measure in accordanc with the procedure put down in article 31 of the 3 of this provision may be interpreted as exempting agreement the parties from their obligations under other international agreements, especially the General Agreement on Tariff and Trade 1994 and the agreement establishing the World Trade Organization.
Article 31 the procedure for the application of safeguards measure 1. Before initiating the procedure for the application of safeguards set out in the "the following paragraphs of the present article, the Parties shall endeavour to solve any difference between of them through direct consultation.
2. If a Party subjects imports of products liabl to give rise to the situation referred to in article 27 to an administrative procedure, the purpose of which is the rapid provision of information on the trend of trade flow, it shall inform the other Party.
3. Without prejudice to paragraph 7 of the present article, a Party which will consider resorting to safeguard measure shall promptly notify the other of the Party thereof and supply all relevant information. Consultation between the Parties shall take place without delay with a view to finding a solution.
4. (a) As regards articles 26, 27 and 29, in case that a joint solution cannot be found or that the parties cannot or do not meet within 30 days in order to consult each other, the Party concerned may not be the measure of the adop cessary in order to remedy the situation, and notify the other Party.
(b) As regards article 30, the Party concerned may take the appropriate measure of the consultation of the Afters have been concluded or after a period of three months has elapsed from the date of the first notification to the other Party.
(c) As regards articles 22 and 23, the Party concerned may request from the other Party to eliminat the practice objected to. If the other Party files to put an end to the practice objected to or if an agreement cannot be reached within 30 working days, the Party concerned may be appropriate for the adop countermeasur difficult to deal with the resulting from the practice in question.
5. The safeguard measure taken shall be notified immediately of the fact the other Party. They shall be limited with regards to their it and their duration exten it what is not strictly in order to rectify the cessary situation giving rise to their application and shall not be in excess of the injury caused by the practice or the difficulty in question. Priority shall be given to such measure axis will least disturb the functioning of the agreement. The measure taken by the Party against an action or a an omission of another Party may only concern the trade with that Party.
6. The safeguard measure shall be taken of the object of periodic consultation with a view to their relaxation as soon as possible, or when conditions no longer justify abolition their maintenance.
7. Where exceptional requiring immediate action of circumstanc make prior examination impossible, the Party concerned may, in the cases of articles 26, 27 and 29, apply forthwith the measure of not strictly provisional cessary to remedy the situation. The measure taken shall be notified of the delay and without consultation between the Parties shall take place as soon as possible.

8. The measure shall be taken of the applied in accordanc with the principles of the General Agreement on Tariff and Trade 1994 and the agreement establishing the World Trade Organization.
Article 32 balance of payments difficult to 1. The Parties shall endeavour to avoid the imposition of restrictive measure of the measure relating to imports of including for balance of payments purpose.
2. Where one of the parties is in serious balance of payments difficult, or under threat thereof, the imminen to the Party concerned may, in accordanc with the conditions established under the General Agreement on Tariff and Trade 1994, the restrictive measure the adop, including measure related to imports, of which shall be of limited duration and may not go beyond what is cessary to remedy not the balance of payments situation. The measure shall be progressively relaxed as the balance of payments conditions improve and they shall be eliminated when conditions no longer justify their maintenance. The Party shall inform the other Party forthwith of their introduction and, whenever practicabl, of a time schedule for their removal.
Article 33 Evolutionary clause 1. Where a Party consider that it would be useful in the interests of the economies of the parties to it to develop and deepen the relations established by the agreement by extending them to fields not covered thereby, it shall submit a reasoned request to the other Party. The parties may instruct the Joint Committee to such a request and the examin, where appropriate, to make recommendations, particularly with a view to opening negotiation.
2. the agreements resulting from the procedure referred to in paragraph 1 will be subject to ratification or approval by the parties in accordanc with their internal legal procedures.
Article 34 the Joint Committee 1. The parties agree to set up the Joint Committee composed of representatives of the parties.
2. The implementation of this Agreement shall be supervised and administered by the Joint Committee.
3. For the purpose of the proper implementation of the agreement, the Parties shall exchange information and, at the request of any Party, shall hold a consultation within the Joint Committee. The Committee shall keep under review the possibility of further removal of the it trade between removes the parties.
4. The Joint Committee may take decisions in the cases provided for in this agreement. On other matters, the Committee may make recommendations.
Article 35 procedures of the Joint Committee 1 For the proper implementation of this agreement the Joint Committee shall meet whenever at least cessary but not once a year. Each Party may request that a meeting be held.
2. The Joint Committee shall act by common agreement.
3. If a representative in the Joint Committee of a Party to this agreement has accepted a decision subject to the fulfillment of internal legal requirements, the decision shall enter into force, if the data is from the later led therein, on the day of the lifting of the reservation is notified.
4. For the purpose of this agreement the Joint Committee shall adop a its rules of procedure which shall contain, inter alia, provision for convening meetings and for the designation of the Chairman and his term of Office.
5. The Joint Committee may decide to set up such working parties as subcommitte and it does not consider to assist it in accomplishing the cessary it task.
Article 36 services and investment 1. The parties to this Agreement recognize the growing importanc of certain areas, such as services and investments. In their efforts to gradually develop and process their co-operation, in particular in the context of the European integration, they will co-operate with the aim of achieving a progressive liberalization and mutual opening of their markets for investments and trade in services, taking into account the relevant provision of the General Agreement on trade in services.
2. The parties will discuss in the Joint Committee the possibilities to extend their trade relations to the fields of foreign direct investment and trade in services.
Article 37 customs unions, free trade areas and frontier trade this Agreement shall not prevent the maintenance or establishment of customs unions, free trade areas or arrangements for frontier trade to the exten the that these do not gatively not affec the trade regime of the parties and in particular the provision concerning the rules of origin provided for by this agreement.
Article 38 Annex, Protocol and Amendments to the Annex of the V I 1 and Protocol 1 to 3 to this agreement on the constitut an integral of it. The Joint Committee may decide to amend the Annex and Protocol in accordanc with the provision of paragraph 3 of the article 35.2. Amendments to this agreement other than those decided upon in accordanc with paragraph 4 of article 34, and which are approved by the Joint Committee, shall be submitted to the other Party for acceptance and shall enter into force on the first day of the second month following the day on which the Parties notify each others that their internal legal procedures related with the entry into force of such amendments will have been completed, unless the parties agree upon another date by means of an exchange of notes.
Article 39 Entry into force this Agreement shall enter into force on the first day of the second month following the day on which the Parties notify each other that their internal legal procedures related with the entry into force of this agreement have been completed, unless the parties agree upon another date by means of an exchange of notes.
Article 40 Validity and termination this agreement is concluded for an indefinite period of time. Each Party to this agreement may terminate it by means of a written notification to the other Party. In such case the termination of this Agreement shall take effect on the first day of the seventh month following the date on which the notification was received by the other Party.
In WITNESS WHEREOF the undersigned, being duly authorized to plenipotentiar theret, have signed the present agreement.
Done in ... at this … … …. day of … … in duplicate to the cop in the English, Latvian and Polish language, both texts being equally authentic. In case of dispute the English language version shall prevails.
For the Republic of Poland For the Republic of Latvia Records Of Understanding 1. The parties declare their readiness to examin in the Joint Committee the possibility of extending it to each other any concession they will grant or will grant the third countries with which they concluded a free trade agreement or other similar agreement to which Article XXIV of the General Agreement on Tariff and Trade 1994 applies.
2. As regards paragraph 2 of article 3, the parties agree that where a reduction of duties is effected by way of a suspension of duties made for a particular period of time, such reduced duties shall replace the basic duties only for the period of such suspension; and that whenever a partial suspension of duties is made, the preferential margin between the parties will be preserved. The preferential margin will be understood as a relative one.
3. The parties agree that article 9 does not apply when measure covered by this article might be required for the administration of international obligation.
4. When elaborating the criteria and rules indicated in paragraph 3 of article 23, the Parties shall aim at ensuring: their greatest possible conformity with the relevant criteria and rules used under the agreements establishing an Association between each of the parties of this agreement and the European communities;
— shall define the condition and/or situation when the temporary derogations from the provision of paragraph 1 may be applicable;
— shall review the conditions under which the action against State aid practices may be taken.
5. Concerning paragraph 4 of article 23, the Joint Committee shall, within one year following the entry into force of this agreement, to the adop cessary rules for the implementation of the transparency measure.
6. The relevant bodies of the Parties shall consider the possibility of an agreement on the mutual conclud recognition of the accreditation of testing and calibration laboratories and certification bodies, as well as product and quality system certificates of mutual recognition of the type approval of measuring equipment, which are issued in the parties, and the procedures for the recognition of the results of the measurements , calibration and conformity with requirements.
7. The parties agreed to in the future to conclud a separate agreement on cooperation in the matter of customs administration.
8. The diagonal cumulation let down in article 4 of Protocol 3 may only be applied when the countries mentioned in the said article have concluded free trade agreement or the agreement establishing a Custom Union, containing identical rules of origin, among themselves. For each country, referred to in article 4 of Protocol 3, not complying with this condition on the date of entering into force of Protocol 3, article 4 shall apply from the date of entering into force of the free trade agreement or the agreement establishing a Custom Union, containing identical rules of origin between such country and the last of the countries already applying the diagonal cumulation.
Each reference mentioned in the article 4 of Protocol 3 shall apply according to the Record of Understanding.
 

The Republic of Latvia and the Republic of Poland, the free trade agreement preamble the Republic of Latvia and the Republic of Poland (hereinafter referred to as ' the parties '), taking into account the Central European free trade agreement Prime Minister 11 September 1995 in Brno Declaration, affirming their intention to participate actively in the process of economic integration in Europe and expressed their willingness to cooperate in the process of stabilisation and the way the search path,

Reaffirming its strong commitment to the principles of the market economy, which is based on the relationship between the parties, affirming their commitment to the Conference '' on security and cooperation in Europe, '' the final act, the Paris Charter and, in particular, those principles, formulated in the Bonn Conference on economic cooperation '' in Europe '' in the final document, referring to the agreement on mutual trade and economic cooperation concluded between the Republic of Latvia and the Republic of Poland in 1991, 27 September for this purpose, decided to gradually remove all the obstacles to successful, comprehensive reciprocal trade 1994 in accordance with the provisions of the General Agreement on tariffs and trade and the World Trade Organisation agreement, being irrevocably convinced that this Treaty will promote mutually beneficial commercial relations of intensification and will contribute to the process of European integration, have agreed as follows: article 1 objectives 1. During a transitional period ending not later than 1 January 2001 on the Each Party shall gradually establish a free trade area under the terms of this agreement and in accordance with the 1994 General Agreement on tariffs and trade rules, in particular Article XXIV thereof, and the World Trade Organisation agreement.
2. the purpose of this agreement is: 1. expanding mutual trade, promote economic links between the parties, to the harmonious development and thus stimulate the economic sides ar day property management, improved living conditions and access to employment, as well as raise production efficiency and financial stability;
2. in trade between the parties, to provide fair conditions of competition;
3. Thus, the removal of trade barriers, to contribute to the harmonious development of world trade and enlargement.
Chapter I — industrial products article 2 scope the provisions of this chapter shall apply to industrial products originating in either party. This aspect of the Treaty, the '' industrial products '' means products that are included in the classification and the harmonized commodity coding system 25-97. This chapter, except those referred to in annex 1 of the Treaty articles.
Article 3 1 the basic duties applicable to each product the basic duty to which the related future benefits laid down in this agreement, the stake, which is determined by the most-favoured-nation trade arrangements applicable since January 1, 1997.
2. If, on the basis of the erga omnes principle, after the entry into force of this Agreement shall apply any tariff reduction, and in particular the reduction under the Uruguay Round of multilateral trade negotiations resulted in a tariff agreement, such reduced duties shall replace the basic duty referred to in paragraph 1, from the date of application of this reduction.
3. the reduced duties calculated in accordance with the provisions of paragraph 2, applies, rounded to first decimal.
4. the Parties shall inform each other of their respective duties.
Article 4 Import duties 1. in trade between the parties from the date of entry into force of the Treaty is not introduced no new import taxes, and other than the promotion of those that already apply.
2. the Import duties on the goods, which is the origin of one of the Parties shall be eliminated in accordance with the provisions of Protocol 1, article 5 Payment of import duties with equivalent effect in trade between the parties 1. from the date of entry into force of the Treaty, has not introduced any new charges with equivalent effect of import taxes.

2. the entry into force of this agreement the Parties shall at the time abolish all import duties and any charges having equivalent effect.
Article 6 tax duties the provisions of article 4 shall also apply to customs duties of a fiscal nature.
Article 7 export duties and charges having equivalent effect in trade between the parties to this contract, the date of its entry into force does not apply any export duties or charges having equivalent effect, other than that laid down in annex II to the agreement.
Article 8 the quantitative restrictions on imports and measures having equivalent effect in trade between the parties 1. from the date of entry into force of the Treaty, has not introduced any new quantitative restrictions on imports or measures having equivalent effect.
2. all quantitative restrictions and measures of equivalent effect on imports of products originating in either party, this agreement should be withdrawn on the date of entry into force, except in cases provided for in Annex II of this agreement..
Article 9 quantitative restrictions on exports and measures having equivalent effect in trade between the parties 1. from the date of entry into force of the Treaty, has not introduced any new quantitative restrictions on exports or measures having equivalent effect.
2. all quantitative restrictions and measures having equivalent effect on exports of the products originating in either party, this agreement should be withdrawn on the date of entry into force, except as provided for in annex IV to this agreement.
Article 10 procedure for Information on draft technical regulations 1. Parties to this agreement in accordance with the provisions referred to in annex V and as soon as possible, inform each other of the technical regulations and the amendment to the projects they are going to take.
2. the Joint Committee shall decide on the date on which the provisions of paragraph 1 of the introduction.
Chapter II — agricultural products article 11 scope 1. The provisions of this chapter shall apply to agricultural products originating in either party.
2. this aspect of the Treaty '' ' agricultural products ' means the products included in the classification and the harmonized commodity coding system 1.-Chapter 24, including this agreement, 1. the products referred to in annex.
Article 12 exchange of Concessions 1. Parties this agreement guarantees to each other the concessions provided for in the Protocol, in accordance with this chapter and the provisions of the Protocol.
2. Subject: the role of agriculture in the economies of the Parties — the trade of agricultural products between the parties, the particular sensitivity of agricultural products, the agricultural policies of the parties — rules — multilateral trade negotiations of the General Agreement on tariffs and trade and the World Trade Organization, the Parties shall examine the possibility of guaranteeing each other further concessions.
Article 13 concessions and agricultural policy 1. Without prejudice to this agreement in accordance with article 12 of the concessions granted, the provisions of this chapter shall in no way prejudice the parties concerned in the implementation of its agricultural policy or of any appropriate for this policy measures are taken, including the results of the Uruguay Round agreements.
2. the Parties shall formally inform each other of changes implemented during the relevant agricultural policy and for all supported piespiedpasākum, which can affect conditions laid down in the Treaty concerning mutual trade in agricultural products. At the request of either party is immediately sarīkojam consultations to analyze the situation.
Article 14 the specific protection measures apart from others in this agreement and in particular the provisions of article 27, and taking into account the special sensitivity of agricultural products, if imports of products originating in either party, and which are applied in accordance with the given Contract concessions granted, cause serious second hand market distortions, the interested party shall hold consultations immediately to find an appropriate solution. On the basis of such a solution, the interested party may take such measures as it considers necessary.
Article 15 sanitary and phytosanitary measures 1. Measures relating to veterinary and phytosanitary control, has agreed to between the parties, based on European Union law.
2. the parties undertake not to introduce such a discriminatory or other unacceptable measures that might restrict information, animals, plants or goods.
3. The Parties shall apply the WTO agreement on the application of sanitary and phytosanitary measures provided.
Chapter III-General provisions article 16 of the rules of origin and customs administration 1. Protocol 3 to this agreement lays down the rules of origin and the methods of administrative cooperation.
2. the Parties shall adopt adequate measures, including regular examination of the Joint Committee and administrative cooperation schemes, to ensure that the Protocol to the agreement, and this Agreement 3-9, 12, 17, 27, 28 and 29, the provisions of article effectively and harmoniously applied, in order to simplify the formalities, as well as the trade with a view to reaching mutually acceptable solutions of any problems that arise in connection with these terms.
17. Article 1 of the internal tax system. The Parties shall refrain from any measure or practice of an internal fiscal practice, directly or indirectly, discrimination between goods originating in one of the parties.
2. exporters may benefit from their domestic tax refunds, which is greater than the amount of direct and indirect tax, which taxed on the territory of one of the parties of the exported products.
Article 18 General exceptions

This contract allows the justified prohibitions and restrictions on the import of goods, goods or goods in transit that are motivated by reasons of public morality, public policy or national security interests; human, animal, plant and environmental health and life protection needs; the protection of cultural property; the protection of intellectual property, or rules relating to gold and silver, or depleted natural resources conservation, if these measures are effective in relation to the domestic production or consumption. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or disguised restrictions on trade between the parties.
Article 19 With security interests motivated exceptions in this agreement, nothing that a party refrain from any appropriate measures if it considered it necessary: 1. to prevent the disclosure of such information is damaging its essential security interests;
2. its essential security interests or to international obligations or national policy: (i) with regard to arms, ammunition and military equipment trade, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes and in respect of such trade in other goods, materials, and services that are directly or indirectly carried out military supply object; or (ii) in relation to biological or chemical weapons, nuclear weapons and the non-proliferation of other kodolspridzekļ; or (iii) made war or serious international tension.
Article 20 national monopolies the parties 1 gradually adjust any State monopolies of a commercial character so as to 1 July 1999, to ensure that, between their nationals, no discrimination with regard to the supply of goods and marketing conditions. The Joint Committee is informed of the measures taken in order to achieve this objective.
2. The provisions of this article shall apply to any body through which the parties ' competent authorities, legally or in fact, directly or indirectly, supervises, or establishes the principles or significantly affect the parties ' mutual imports or exports. These conditions are applied to similar monopoly to which the party is authorized by other institutions.
Article 21 payments 1. payments in freely convertible currencies for trade between the parties, of the goods, as well as the transfer of such payments to the territory of the parties to this agreement, which is the vendor's country of residence shall not be subject to any restrictions.
2. The Parties shall refrain from any Exchange or administrative restrictions on the short-and medium-term credits, refunds or acceptance, relating to commercial transactions in which a resident of one of the parties participate.
3. Notwithstanding the provisions of paragraph 2, the parties retain the right to apply Exchange restrictions connected with the trade in goods in the short and medium term credit guarantee or acceptance, at the degree to which it is acceptable considering the status of the International Monetary Fund provided that these limits are applied in a non discriminatory way with respect to origin and that the ierobešojum are not only suitable for the specific product or product group. This limitation period must be limited and must be terminated as soon as the conditions no longer justify their application. The Parties shall without delay inform the Joint Committee of the implementation of such measures and of any changes therein.
Article 22 of the rules on competition to undertakings in the 1. The following are incompatible with the proper functioning of this agreement, to the extent that, in so far as it affects trade between the parties: (a) all such agreements between companies, business associations, as well as the measures adopted lēmumu between concerted practice whose purpose or effect is to prevent, restrict or distort competition;
(b) one or more companies of their dominant position in the territories of the parties as a single whole or substantial part thereof.
2. the provisions of paragraph 1 apply to all company activities, including public enterprises and enterprises to which the parties grant special or exclusive rights. The company entrusted to carry out services of general economic interest or having the character of a revenue generating monopoly, is subject to the provisions of paragraph 1 to the extent that, in so far as the application of such rules does not obstruct the special State imposed on the performance of the tasks in accordance with the law or in fact.
3. (a) in paragraph 1, the provisions of chapter II dealt with aspects of the products does not apply to agreements, decisions and practices which is an integral part of the national market organizations.
4. If a party considers that a particular practice is incompatible with this article, paragraphs 2 and 3 or if such practice causes or threatens to cause serious injury to the interests of the party or material injury to its domestic industry, this party may take appropriate measures in accordance with the procedure laid down in article 31, and in accordance with its terms.
23. Article 1 of the State aid every assistance given by the State party, this agreement, or granted from State resources in any form which distorts or threatens to distort competition, giving an advantage to certain undertakings or the production of certain goods, to the extent that may affect trade between the parties, is not compatible with the correct operation of this agreement.
2. paragraph 1 shall not apply to the products referred to in chapter II.
3. Within three years from the entry into force of the Treaty in the Joint Committee shall adopt criteria based on which the action that is contrary to paragraph 1 are evaluated as well as the implementing rules.
4. the parties guarantee the disclosure of information in public areas of assistance, inter alia, to submit to the Joint Committee annual reports on assistance provided the total amount and the distribution of the second party, providing it with information about assistance schemes and certain individual cases of State aid.
5. If a party believes that a particular practical measures: — is incompatible with the provisions of paragraph 1 and not adequately imported the relevant provisions of paragraph 3; or, if paragraph 3 of these provisions and if the practical action causes or threatens to cause serious injury to the interests of the party or material injury to the domestic industry of that party, then that party may take appropriate measures on the basis of the provisions of article 31, and in accordance with them.
The following measures are to be taken, respectively, only the 1994 General Agreement on tariffs and trade and the World Trade Organization Agreement (the agreement on subsidies and Nolīdzinoš measures) and under the auspices of any adequate negotiations proceeded in the document in the order and in accordance with the conditions applicable to the parties.
Article 24 public order 1. For purpose of this agreement the parties consider their respective public procurement markets.
2. the Parties shall progressively apply their applicable terms, conditions, and practices with respect to public order in order to give the other side an opportunity for suppliers, the latest on January 1, 2001, access to supplies of goods contracting procedures in the relevant public service market under the World Trade Organisation agreed in annex IV to the agreement on the conditions of public order.
3. the Joint Committee shall examine the achievement of the objectives of this article-related developments and may recommend that article 2 point of practical implementation of the provisions to ensure free availability, openness, as well as the rights and duties of complete balance.
4. in paragraph 3 of this article the said review, the Joint Committee may examine, in particular, that suit the conditions of the international market, cover the expansion and/or provided for in article 2, the degree of market opening.
5. the Parties shall endeavour to join the relevant agreements concluded in 1994 General Agreement on tariffs and trade and the world trade organisation under the umbrella of the Treaty's negotiation.
25. Article 1 of the protection of intellectual property. each party recognises the copyright and related rights in the work, regardless of their place of first publication, which is the other side of the population and institutions, as well as their legal heirs. Each Party shall ensure that the following rights on the same terms and conditions as determined by its internal law for its people and institutions. In addition, the parties undertake mutually to respect copyright and related rights to citizens and institutions in accordance with European Union standards in force. In particular, the parties undertake mutually to respect standards of protection laid down in the Berne and Rome conventions.

2. the parties to the non-discriminatory principles and guarantees the exercise of industrial property rights, including measures granting such rights and implementation. The parties confirm their willingness to respect the WTO agreement on trade-related intellectual property rights (TRIPS) aspects of commitments and requirements, as well as the other conventions on the protection of intellectual property, which is signed by both parties, notably the Paris Convention for the protection of industrial property (Stockholm Act, 1967).
3. this aspect of the Treaty '' in industrial property protection '' in particular is the copyright and related rights, brand and trademark, geographical designation, industrial designs, patents, layout designs of integrated circuits, as well as the topology of unpublished information about technical and scientific production secrets protection.
4. the parties have the right to enter into further agreements which exceed the requirements of this agreement.
5. topologies of integrated circuits protection which guarantees the parties to this agreement, is not lower than the level set out in the TRIPS Agreement.
6. The Parties shall cooperate in matters relating to industrial property protection. At the request of any party they held consultations of experts on these issues, in particular, on the activities that are associated with the currently existing or future international conventions on industrial property harmonization, administration and compliance, and about the activities of international organisations such as the world trade organisation and world Intelekuāl property organization, as well as any of the parties ' relations with third countries in relation to industrial property.
Article 26 dumping if either party finds that this agreement is regulated in commercial relations implemented dumping 1994 document "in the General Agreement on tariffs and trade" within the meaning of article VI of the Treaty, in accordance with the procedure laid down in article 31, and based on the conditions of this procedure, it may be against this practice measures to be applied under the 1994 document "in the General Agreement on tariffs and trade" article VI and the WTO agreement on the document "the 1994 General Agreement on tariffs and trade to the implementation of article VI".
Article 27 General protection measures where any product is being imported in such increased quantities and under such conditions as to cause or threaten to cause: (a) serious injury to the domestic producers of those who are in the territory of the importing party produced similar or directly competitive products, or (b) the significant distortion in any economic sector concerned or difficulties which significantly deteriorate the economic situation of a region, the interested party may take appropriate measures in accordance with article 31 of this agreement , the 1994 General Agreement on tariffs and trade and in article XIV of the WTO agreement on safeguards established procedure and on the basis of the terms of this procedure.
28. Article 1 of the structural adjustment as the special temporary measures, which weakens the provisions of article 4, any party is entitled to implement the increase in customs duties.
2. these measures may only be associated with new industries, or certain sectors undergoing restructuring, which or who are facing serious difficulties, particularly where these difficulties resulting in significant social problems.
3. The results of the introduction of import taxes, which one of the Parties shall apply to products originating in the other party, shall not exceed 25% ad valorem and must maintain an element of preference rate of customs duties on products originating in the other party. The goods subject to these measures the total value of imports may not exceed 15% of the second half kopimport for industrial goods produced in accordance with the definition given in chapter I, the last year for which statistics are available.
4. Such measures shall not exceed four years, unless the Joint Committee is not authorized to extend the period. These measures no later than the deadline is the end of the transitional period.
5. the following measures with respect to any product is not introduced, if more than three years after the entry into force of the contract or since all taxes and the Elimination of quantitative restrictions, on which this product is equivalent to the effect.
6. The party concerned shall inform the Joint Committee of all those special measures which it intends to perform exceptionally, and prior to their introduction at the request of the other party of the Joint Committee of the noturam consultations on such measures and the sectors covered. Such measures necessary, the interested party shall submit to the Joint Committee for the abolition of the customs duties, which have introduced the plan in accordance with this article. The plan provides that such taxes are equal to the annual rate scale is suitable for a maximum of up to date by two years since their introduction. The Joint Committee may decide on a different calendar, plan approval.
Article 29 the re-export and serious deficits if the 7 and 9 compliance is due to: (a) re-export to a third country against which the exporting Party with respect to a specific product to apply quantitative export restrictions, export duties or duties and measures having equivalent effect; or (b) a serious shortage, or a product of deficit threats, which is essential to the exporting Party;
and if that situation arises, or able to create great difficulties for the exporting Party, that party may take appropriate measures in accordance with the procedure laid down in article 31, and based on these procedures.
30. Article 1 obligations. the Parties shall take any general or specific measures required in this contract the corresponding obligations. The Parties shall endeavour to reach this Agreement defines obligations.
2. If either party considers that the other party has failed to fulfil one of the obligations of this contract, the interested party is entitled to take appropriate measures in accordance with the procedure laid down in article 31.
3. no provision of this agreement may be interpreted as exempting the parties from their obligations under other international agreements, in particular the 1994 General Agreement on tariffs and trade and the agreement on establishing the World Trade Organization.
Article 31 the application procedure of the safeguard measures 1. before being launched in subsequent paragraphs of this article, the measures laid down the procedures for the application of the implementation, the Parties shall endeavour to resolve any discrepancies between advice.
2. If one of the parties subject to the import of goods which can arise in the situation dealt with in article 27, the administrative control for the purpose of obtaining operational pocedūr information about foreign trade process, it shall inform the other party.
3. Nothing in this article is without prejudice to point 7, the party that is considering the option of introducing safeguard measures, shall forthwith notify the other party accordingly and to supply all relevant information. The solution search purposes is immediately held consultations between the parties.
4. (a) 26, 27 and article 29, if 30 days is not possible to find a common solution, or if the parties are not able to or to consultations, the interested party is entitled to take measures necessary for the normalisation of the situation and communicate it to the other side.
(b) article 30 in aspects of the interested party is entitled to implement the appropriate measures after the completion of the consultation, or after three months have elapsed since the date on which the other party was submitted to the first notification.
(c) article 22 and 23 in aspects of the interested party may request the other party to terminate the practice raised objections. If the other party does not terminate the practice has raised objections, or if no agreement can be reached within 30 working days, the interested party is entitled to take countermeasures, to prevent the practices under consideration would create difficulties.
5. The other party promptly filed a notice of the protective measures. They must be limited in the amount and duration of the aspect, which is absolutely necessary to normalize the situation, which was the reason for their application, and they must not exceed the damage caused by the practice at issue or problem. Priority should be given to those which least disturb the functioning of the agreement. Measures taken by one party against the other party's action or negligence must relate to trade with this party.
6. the protective measures carried out periodically on the question as soon as possible facilitation or removal when conditions no longer justify their application.
7. If, for any exceptional circumstances require immediate action and prior checking is not possible, then 27, 28 and 30 of the relevant cases, the interested party may apply without delay to improve the situation absolutely necessary interim measures. Such measures shall be notified without delay and held party consultations as quickly as possible.

8. Measures should be applied in accordance with the 1994 General Agreement on tariffs and trade and the agreement on establishing the World Trade Organization.
Article 32 of the balance of payments difficulties 1. the Parties shall make every effort to apply restrictive measures, including measures relating to imports, for balance of payments adjustment.
2. If one of the parties or an imminent danger of serious balance of payments difficulties, then that party may, in accordance with the rules laid down in the document "the 1994 General Agreement on tariffs and trade", take the restrictive measures, including in respect of the importation of goods, the application of which is limited in time and which are absolutely necessary for the normalization of the balance of payments only. Balance of payments over time, these measures are gradually mīkstinām, and they are redeemable when conditions no longer justify their application. The party concerned shall immediately inform the other party of their implementation and, whenever practical, on the dissolution of the calendar schedule.
33. Article 1 of the Treaty further development. If either party considers that the agreement established for the development and deployment of its in the sectors not yet covered, corresponds to both the economic interests of the parties, that party shall submit a reasoned request to the other party. Party is entitled to give instructions to the Joint Committee to examine this request and, where appropriate, make recommendations, in particular with regard to the opening of the negotiations.
2. the Parties shall, in accordance with their national legal procedures for ratification or approval in accordance with paragraph 1, the procedure set out in the contracts.
34. Article 1 of the Joint Committee the parties agree to establish a Joint Committee, which shall be drawn up by representatives of the parties.
2. the implementation of this agreement, monitored and managed by a Joint Committee.
3. this Agreement for the purposes of the proper parties shall exchange information and, at the request of any party, shall hold consultations within the Joint Committee. The Joint Committee shall constantly analyzes the ways further to eliminate all barriers to trade between the parties.
4. the matters provided for in this agreement, the Joint Committee may take decisions. In other matters, the Joint Committee may make recommendations.
Article 35 of the Joint Committee, procedural rules to ensure that 1 the appropriate execution of the agreement, the Joint Committee held consultations whenever this is necessary but not less frequently than once a year. Each party is entitled to ask to hold discussions.
2. The Joint Committee's action is based on a common agreement.
3. If a party to this agreement in the Joint Committee has made a decision with the plea, which just after the international legal requirements, the decision shall enter into force, unless a later date is not specified, the day he is notified of the protest.
4. this aspect of the agreement in the Joint Committee shall adopt its own rules of action in which, inter alia, contains provisions for the holding of meetings, the appointment of the Chairman and his term of Office.
5. the Joint Committee may decide to establish such subcommittees and working groups as it deems necessary for the performance of its tasks.
Article 36 services and investments 1. Parties to this Agreement recognize the specific areas as services and investment. In its efforts to gradually develop and expand their cooperation, especially in the context of European integration, the Parties shall cooperate with a view to achieving progressive liberalisation and opening of its markets for mutual investment and trade in services, taking into account relevant General Agreement on trade in services.
2. The Joint Committee the parties will discuss the possibility of expanding their trade relations in foreign direct investment and trade in services areas.
Article 37 of the customs unions, free trade areas and border trade this agreement does not prohibit Customs Union, free trade areas or arrangements for frontier trade, saving, or if it does not adversely affect trade between the parties, and in particular the provisions relating to this Agreement provided for in the rules of origin of the goods.
Article 38 the annexes, protocols and amendments to this agreement (I) 1 — annex V and 1-3. The Protocol form an integral part of this agreement. The Joint Committee may decide on amendment of the Annex and the Protocol in accordance with paragraph 3 of article 35 of the rules.
2. amendments to this agreement that are not article 34, paragraph 2, as amended and approved by a Joint Committee is submitted for the approval of the other party and shall enter into force on the first day of the month following the date on which both parties received diplomatic notes that inform each other that all is fulfilled in accordance with the national law of each of the parties of the procedures required for the entry into force of the amendments to the unless the parties, by an exchange of notes, do not agree on another date of entry into force.
Article 39 entry into force this Agreement shall enter into force on the first day of the month following the date on which both parties received diplomatic notes that inform each other about it, that is all in accordance with each party's national laws required procedures to take effect, the Treaty unless the parties, by an exchange of notes, do not agree on another date of entry into force.
40. Article duration and denunciation this agreement is concluded for an unlimited period. Any party may denounce this agreement by submitting the written notes of the second half. In this case, the contract shall terminate on the first day of the seventh month following the date on which the other party received this note.
Stating the above, the relevant authorised have signed this agreement.
Signed at Warsaw on 28 April 1997, in two originals in the authentic Latvian, English and Polish languages. In case of different interpretation on the basis of the text will be taken in English.
On behalf of the Republic of Latvia Valdis Birkavs of LATVIA Minister of Foreign Affairs of the Republic of Poland, Dariusz Rosati, on behalf of the Polish Minister of Foreign Affairs memorandum of understanding 1. the parties declare their readiness, within the Joint Committee to examine the possibility of extending each other any concessions they granted or granted to third countries with which they have concluded free trade agreements or other similar agreements, to which is attributed the 1994 General Agreement on tariffs and trade, Article XXIV.
2. with regard to article 3, paragraph 2, the parties agree that the cases where tax cuts by via for a specific time period for tax deferral, such reduced duties shall replace the basic fee only to such a snooze time; and that, at any time during the partial suspension, between the parties will be saved in the benefit limits. The advantage is to be understood as a relative.
3. The parties agree that article 9 does not apply, if the measures provided for in this article shall be required for the administration of international obligations.
4. developing the criteria and rules provided for in article 3 of article 23, the parties will nominate myself: — ensure the highest compliance with the criteria and rules contained in the treaties, which is the nodbināt of each of the parties and the European Community Association;
— will determine the conditions and/or situations where it is acceptable deviation from the provisions of paragraph 1;
-examine the circumstances when it may be taken against State aid practices.
5. with regard to article 23, paragraph 4 of the Joint Committee shall within one year from the date of entry into force of the Treaty, shall adopt the necessary rules of transparency measures.
6. the relevant authorities of both parties examine the possibility to conclude an agreement on mutual testing and calibration laboratories, certification bodies, product and quality system certificate issued by either side on mutual recognition of the measuring equipment type certification, as well as the procedure, which is approved for the measurement, calibration and conformity requirements, the accreditation recognition.
7. the parties agree in the future to conclude a separate Treaty on cooperation in customs procedures.
8. Protocol 3 to this agreement was formulated in article 4 diagonal cumulation is applicable only if the countries mentioned in this article have concluded free trade agreements or Agreements on the establishment of the Customs Union, which includes identical rules of origin for both parties. The countries referred to in article 4 of the Protocol, and which do not satisfy the conditions for its entry into force, article 4 shall apply from the date of entry into force of either the free trade treaty, or the Treaty on establishment of the Customs Union, or amendments to this agreement that contain identical rules of origin between such country and the last of the States that already apply diagonal cumulation.
3. Any reference to article 4 referred to in the Protocol is applicable in accordance with this memorandum of understanding.

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