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Law No. 141 Of 30 December 1994

Original Language Title:  LEGE nr. 141 din 30 decembrie 1994

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LEGE No 141 of 30 December 1994 for the ratification of the Free Trade Agreement between Romania and the Czech Republic, concluded in Prague on 24 October 1994, including the Joint Declaration, signed at the same date
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 371 of 30 December 1994



The Romanian Parliament adopts this law + Article UNIC. The Free Trade Agreement between Romania and the Czech Republic, concluded in Prague on 24 October 1994, including the Joint Declaration, signed on the same date, is ratified. This law was adopted by the Senate at the meeting of December 19, 1994, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT prof.univ.dr. OLIVIU GHERMAN This law was passed by the Chamber of Deputies at the meeting of 27 December 1994, in compliance with art. 74 74 para. ((2) of the Constitution Romania. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE + FREE TRADE AGREEMENT between Romania and the Czech Republic PREAMBUL Romania and the Czech Republic, hereinafter referred to as the Parties, Having regard to the Memorandum of Liberalisation of Trade Relations between Romania and the Czech Republic of 8 November 1993, recalling their intention to participate actively in the process of economic integration as an important dimension of stability on the European continent and expressing their willingness to cooperate and to seek ways and means of strengthening this process, reaffirming their firm commitment to the principles of a market economy, which forms the basis of their relations, recalling their firm commitment to the Final Act of the Conference on Security and Cooperation in Europe, the Charter of Paris and, in particular, the principles contained in the Final Document of the Conference for Economic Cooperation in Europe in Bonn, decided on this purpose to progressively remove obstacles to a substantial part of their trade, in accordance with the provisions of the General Agreement on Customs and Trade, firmly convinced that this agreement will increase the intensification of mutually beneficial trade relations between them and contribute to the European integration process, considering that no provision of this agreement can be construed as exempting the parties from their obligations arising from other international agreements, in particular from the General Agreement on Customs and Trade, by this Decision, as follows: + Article 1 Objectives 1. The Parties shall gradually establish, during a transitional period that will end on January 1, 1998, at the latest, a free trade area, in accordance with the provisions of this Agreement and in accordance with art. XXIV of the General Agreement on Customs Tariff and Trade. 2. The objectives of this agreement are a) promoting, through the expansion of mutual trade, the harmonious development of economic relations between the parties and the support, through this, in parts of the development of economic activity, the improvement of living and working conditions and the growth productivity and financial stability; b) ensuring fair competition conditions in the area of trade between the parties; c) to contribute, in this way, by removing barriers to trade, to the harmonious development and expansion of world trade. + Chapter 1 Industrial products + Article 2 Scope of application The provisions of this chapter shall apply to products originating in the Parties For the purposes of this Agreement, the term industrial products means the products contained in the head 25 25-97 of the Harmonized Commodity Description and Coding System (S.A.), with the exception of products listed in Annex no. I a) and including the products listed in Annex no. I b). + Article 3 Import duties 1. No new import customs duty will be introduced in trade between the parties. 2. Import customs duties shall be abolished in accordance with the provisions of Protocol no. 1 1 of this agreement. + Article 4 Basic fee 1. For each product, the basic fee to which the successive discounts are to be applied in this agreement, will be the most favored nation-wide tax, effective on January 1, 1993. 2. If after the entry into force of this agreement, any tariff reduction is applied on an erga omnes basis, such reduced taxes will replace the basic duties referred to in paragraph 1, as of the date from which such charges are applied. Discounts. 3. The reduced charges calculated according to paragraph 2 will be applied to a figure rounded to the first decimal place. 4. The Parties shall communicate to each other those national basic duties in accordance with the provisions of paragraph 2. + Article 5 Charges having equivalent effect 1. No new tax having effect equivalent to the customs duty on import shall be introduced in trade between the parties. 2. All taxes having an effect equivalent to customs duties on import shall be abolished on the date of entry into force of this Agreement, with the exception of those set out in Annex no. II. + Article 6 Tax charges Art. 3 will also apply to customs duties of a fiscal nature. + Article 7 Customs duties on export and duties with equivalent effect 1. No new export customs duty or tax having equivalent effect shall be introduced in trade between the parties. 2. The parties will abolish each other, on the date of entry into force of this agreement, all export customs duties and any tax having equivalent effect, except for those set out in Annex no. III. + Article 8 Quantitative restrictions on imports and measures having equivalent effect 1. No new quantitative import restriction or measures having equivalent effect will be introduced in trade between the parties. 2. All quantitative restrictions and measures having an equivalent effect on the import of products originating from the parties will be abolished on the date of entry into force of the Agreement, except as set out in Annex no. IV. + Article 9 Quantitative export restrictions and measures having equivalent effect 1. No new quantitative export restriction or measures having equivalent effect will be introduced in trade between the parties. 2. The quantitative restrictions on the export between the parties and the measures having equivalent effect will be abolished in accordance with the provisions of Annex no. V a) and Annex no. V b). + Article 10 Information procedure on draft technical regulations 1. The Parties shall notify each other, at a stage as early as possible and in accordance with the provisions set out in Annex no. VI, the draft technical regulations and their draft amendments which they intend to issue. 2. The Joint Committee shall decide on the date of implementation of the provisions of paragraph 1. + Chapter 2 Agricultural products + Article 11 Scope of application The provisions of this chapter will apply to agricultural products originating in parts. For the purposes of this Agreement, the term of agricultural products shall comprise the products contained in 1 1-24 of the Harmonized Goods Description and Coding System, with the exception of products in Annex no. 1 1 b) and including products listed in Annex no. I a). + Article 12 Exchange of concessions 1. The Parties shall grant each other concessions specified in Protocol no. 2, in accordance with the provisions of this chapter. 2. Taking into account: -role of agriculture in their economies, -development of trade in agricultural products between the parties, -the specific sensitivity of agricultural products, -regulations of their agricultural policies, -the consequences of the Uruguay Round multilateral trade negotiations under the General Agreement on Customs and Trade, the parties will examine the possibility of granting one another of future concessions. + Article 13 Concessions and agricultural policies 1. Without prejudice to the concessions granted on the basis of art. 12, the provisions of this chapter will in no case restrict the implementation of the agricultural policies of the parties or the taking of measures on the basis of such policies, including the application of the results of the Uruguay Round of trade negotiations Multilateral. 2. The Parties shall notify each other of the changes in their respective agricultural policies or measures, which may affect the conditions of agricultural trade between them, as provided for in this Agreement. At the request of either party, prompt consultations will take place to examine the situation. + Article 14 Specific safeguard measures Without taking into account other provisions of this agreement and in particular art. 27 27, given the specific sensitivities of agricultural markets, if imports of products originating in one of the parties, which are the subject of concessions granted under this agreement, cause serious disturbance to the markets of the other Party, the interested will immediately enter into consultations to find the most suitable solution. Until such a solution, the affected party may take the measures it deems necessary. + Article 15 Veterinary, health and phytosanitary measures 1 1. The measures on plant protection of plants and plant-protection preparations will be harmonized with the legislation of the European Union and between the Parties. 2. Veterinary-sanitary measures and the activity of veterinary services will be in accordance with the Codex of the International Office for Epizoots and other international conventions in this field. 3. The parties undertake not to introduce discrimination or other non-usual measures that could limit the flow of information, animals, plants or products. + Chapter 3 General provisions + Article 16 Rules of origin and cooperation in the field of customs administration 1 1. Protocol no. 3 3 lays down rules of origin and methods of administrative cooperation relating thereto. 2. The Parties shall take appropriate measures, including regular examinations in the Joint Committee and arrangements for administrative cooperation, to ensure that the provisions of Protocol no. 3 3 and art. 3-9, 12, 17 and 28 of this Agreement shall be applied effectively and harmoniously and reduce as much as possible the formalities imposed on trade and reach mutually satisfactory solutions for all the difficulties arising from the application of those provisions. 3. Mutual assistance between the administrative authorities in the customs field of the parties will be carried out in accordance with the provisions of Protocol no. 4. + Article 17 Internal taxation 1. The Parties shall refrain from any measure or practice of an internal fiscal nature that establishes, directly or indirectly, discrimination between products originating in the Parties. 2. Products exported to the territory of one of the parties will not be able to benefit from the reimbursement of domestic taxation at a level exceeding the amount of direct or indirect taxation imposed on them. + Article 18 General exceptions This agreement will not prevent the application of prohibitions or restrictions on imports, exports or goods in transit, justified for reasons: public morality, public interest or public security; protection of human health and life, animals or plants; protection of national heritage possessing artistic, historical or archaeological value; protection of intellectual property or regulations concerning gold and silver or the preservation of exhaustible natural resources, if such measures are effectively applicable to restrictions on domestic production or consumption. Such prohibitions or restrictions will not, however, constitute a means of arbitrary discrimination or a restriction disguised as trade between the parties. + Article 19 Security exceptions No provision of this Agreement shall prevent a Party from taking any appropriate measures which it considers necessary to: a) preventing disclosure of information contrary to its essential security interests; b) the protection of its essential security interests or for the fulfilment of international obligations or national policies: ((i) on arms trafficking, munitions of other means of war, provided that such measures do not prejudice the conditions of competition in respect of products not intended for specific military purposes and such traffic as other goods, materials or services which are carried out directly or indirectly for the purpose of supplying a military complex; or ((ii) on the non-proliferation of biological and chemical weapons, nuclear weapons or other nuclear explosive devices; or ((iii) taken in time of war or other serious international tensions. + Article 20 State monopolies 1. The parties shall adjust, progressively, any state monopoly of a commercial nature so as to ensure, by the end of the fifth year after the entry into force of this agreement, that no discrimination regarding the conditions under which the goods are procured and marketed not to exist between the parties ' nationals. 2. The provisions of this article shall apply to any body by which the competent authorities of the parties, de jure or de facto, either directly or indirectly, supervise, determine or appreciably influence imports or exports between Parts. These provisions will also apply to monopolies delegated by one party to other entities. + Article 21 Payments 1. Payments in freely convertible currency, made in connection with the trade in goods between the parties and the transfer of these payments in the territory of the party to this agreement where the creditor resides, will be free from any restriction. 2. The Parties shall refrain from any foreign exchange or administrative restrictions on the granting, reimbursement or acceptance of short-term and medium-term credits related to the trade in goods in which a resident participates. 3. Without taking into account the provisions of paragraph 2, until art. VIII of the Agreement of the International Monetary Fund becomes applicable to the parties, the parties reserve the right to apply foreign exchange restrictions related to the granting or acceptance of short-term and medium-term loans relating to trade in goods, in the limit allowed under their Statute to the International Monetary Fund, provided that these restrictions are applied in a non-discriminatory manner in relation to the origin of the products and that they do not apply only to certain products or kinds of products. The restrictions will be of limited duration and will be removed as soon as conditions no longer justify their maintenance. The party concerned will promptly inform the other party about the introduction of such measures and any changes thereto. + Article 22 Competition rules between entrepreneurs 1. They shall be deemed incompatible with the proper functioning of this Agreement, in so far as they may affect trade between the Parties, the following: a) any agreements between entrepreneurs, decisions of associations of entrepreneurs and concerted practices between entrepreneurs who have as their object or effect the prevention, restriction or distortion of competition; b) abuse by one or more entrepreneurs of a dominant position in the territory of the parties, as a whole or as an important part of it. 2. The provisions of paragraph 1 shall also apply to the activities of public entrepreneurs and entrepreneurs to whom the parties grant special or exclusive rights. Entrepreneurs who have been entrusted with services of general interest or having a generating character of monopoly income for the state will submit to paragraph 1, if the application of these provisions does not prevent, by right or in fact, the fulfilment of certain public tasks entrusted to them. 3. As regards the products referred to in Chapter 2, the provisions of paragraph 1 a) shall not apply to such agreements, decisions or practices forming an integral part of a national market organisation. 4. If a party considers that a certain practice is incompatible with the provisions of paragraphs 1, 2 and 3 and if such practice causes or threatens to cause serious injury to the interests of that party or material damage to the industry its national, that party may take appropriate measures, under the conditions and in accordance with the procedure contained in art. 31. + Article 23 State aid 1. Any aid granted by a State that is party to this agreement or the resources of the State, regardless of its form, which distorts or threatens to distort competition by favouring certain entrepreneurs or the production of certain goods, shall be incompatible with the proper functioning of this Agreement, in so far as it may affect trade between the Parties. 2. The provisions of paragraph 1 shall not apply to products contained in the head. 2. 3. The Joint Committee shall adopt, within a period of three years from the entry into force of this Agreement the criteria on the basis of which the practices of the contrary to paragraph 1 will be assessed, as well as the rules for their application. 4. The parties shall ensure transparency in the field of state aid, inter alia, by exchange of information, annually, in total the amount and distribution of State aid and, by providing the other party, at its request, of information about the programs of aid and of certain specific individual cases of State aid. 5. If a Party considers that a certain practice, including in agriculture: --is incompatible with the terms of paragraph 1 and shall not be treated accordingly to the implementation of the rules specified in paragraph 3, or -in the absence of such rules, and whether such practices cause or threaten to cause serious harm to the interest of that party or to material damage to its domestic industry, may take appropriate measures under the conditions and in accordance with the provisions of art. 31. Such appropriate measures may be taken only in accordance with the procedures and conditions contained in the General Agreement for Customs Tariff and Trade and other relevant instruments negotiated under its auspices, which are applicable between Parts. + Article 24 Public procurement 1. The Parties consider the liberalization of their public procurement markets as a goal of this agreement. 2. The Parties will progressively develop their public procurement regulations to grant suppliers from the other side, by the end of 1998 at the latest, access to contracting procedures in their procurement markets in consistent with the provisions of the Government Procurement Agreement of 12 April 1979 under the General Agreement on Customs Tariff and Trade, as amended by the Protocol of amendments of 2 February 1987. 3. The Joint Committee will examine the developments related to the achievement of the objectives of this article and recommend practical ways of applying the provisions of paragraph 2, in such a way as to ensure free access, transparency and full balance of rights and obligations. 4 4. During the examination referred to in paragraph 3, the Joint Committee may take into account, in particular in the light of developments in this field of international relations, the possibility of extending the coverage and/or opening of the market so as stipulated in paragraph 2. 5. The parties will endeavour to adhere to the agreements in the matter, negotiated under the auspices of the General Agreement for Customs Tariff and Trade. + Article 25 Intellectual property protection 1. The Parties shall grant and ensure the protection of intellectual property rights, on a non-discriminatory basis, including measures to grant and implement these rights. The protection will be improved gradually and before the end of five years after the entry into force of this agreement, it will reach a level corresponding to the standards in the multilateral agreements that are specified in Annex no. VII. 2. For the purposes of this agreement, the protection of intellectual property includes, in particular, the protection of copyright, databases and computer programs and adjacent rights, factory marks, trade and trade names, geographical indications, Industrial drawings and models, patents, integrated circuit surveyors, as well as unmade public information of know-how. 3. The parties will cooperate on intellectual property issues. They will hold, at the request of a party, expert-level consultations on these issues, in particular, on work related to international conventions, existing or future, of harmonization, administration and enforcement of intellectual property. and activities in international organizations, such as the General Agreement on Customs and Trade, the World Intellectual Property Organization, as well as the relations of the parties with third countries on intellectual property issues. + Article 26 Dumping If a party finds that dumping is being carried out within the meaning of VI of the General Agreement on Customs Tariff and Trade, in trade relations governed by this agreement, it may take appropriate measures to this practice in accordance with art. VI of the General Agreement for Customs Tariff and Trade and with the agreements related to this article, under the conditions and in accordance with the procedure provided for in art. 31. + Article 27 General safeguard measures Where a product is imported in such large quantities and under such conditions that it produces or threatens to produce: a) a serious injury to domestic producers of similar or directly competitive products in the territory of the importing Party, or b) serious disturbances in any correlated sector of the economy affected by the import concerned or difficulties that could cause serious deterioration in the economic situation of a region, the interested party may take appropriate measures under the conditions and in accordance with the procedure laid down in Article 31. + Article 28 Structural adjustment 1. Exceptional measures of limited duration that derogate from the provisions of art. 3 may be taken by any party in the form of increased customs duties. 2. These measures can only relate to new industries or to certain sectors subject to restructuring or faced with serious difficulties, especially where these difficulties produce important social problems. 3 3. The customs duties introduced by these measures applicable to the affected party on imports of products originating from the other Party may not exceed 25% ad valorem and shall maintain an element of preference for products originating in the other Party. The total value of imports of products subject to these measures may not exceed 15% of the total imports of industrial products from the other side as defined in the head. 1, during the last year for which statistical data are available. 4. These measures shall apply for a period not exceeding five years, unless the Joint Committee authorises a longer period. 5. No such measure may be introduced in relation to a product if more than five years have elapsed since the removal of all quantitative duties and restrictions or duties or measures having an equivalent effect in respect of that Product. 6. The affected party will inform the other party about any exceptional measures it intends to take and, at the request of the other party, consultations will take place in the Joint Committee on such measures and the sectors to which they apply, before that they be applied. Where such measures are taken, the party concerned shall provide the Joint Committee with a timetable for the removal of the customs duties introduced in accordance with this Article. This timetable will provide for the phasing-out of these charges starting at the latest two years after their introduction, in equal annual instalments. The Joint Committee may decide on a different timetable. + Article 29 Reexport and serious lack If the application of the provisions of art. 7 7 and 9 leads to: a) re-export to a third country to which the exporting party maintains for the product concerned quantitative export restrictions, export duties or measures or duties having an equivalent effect; or b) a serious lack or threat thereof, to an essential product for the exporting party; and where the abovementioned situations give rise or are likely to give rise to major difficulties for the exporting Party, that Party may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 1. 31. + Article 30 Meeting obligations 1. The Parties shall take any general or specific measure necessary to ensure the fulfilment of their obligations under the Agreement. They will take care that the objectives set by this agreement are achieved. 2. If a party considers that the other party has failed to fulfil an obligation under this agreement, the interested party may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 4. 31. + Article 31 Procedure for the application of safeguard measures 1. Before initiating the procedure for the application of the safeguard measures established in the following paragraphs of this article, the parties shall endeavour to resolve any disputes between them through direct consultations. 2. If a Party introduces, for imports of products that may generate the situation described in art. 27, administrative procedures aimed at quickly obtaining information on the trends of trade flows, it will inform the other party about these procedures. 3. Without prejudice to the provisions of paragraph 7, a party considering recourse to safeguard measures shall promptly notify, of this, the other party and provide all relevant information. Consultations shall take place between the Parties without delay in the Joint Committee with a view to finding a solution. 4. (a) As regards art. 26 26, 27 and 29, the Joint Committee will examine the case or situation and will be able to take any decision necessary to put an end to the difficulties notified by the interested party. In the absence of such a decision within 30 days of the question being submitted to the Joint Committee, the interested party may adopt the measures necessary to remedy the situation. (b) As regards art. 30, the interested party may take appropriate measures after the conclusion of the consultations or after a period of 3 months drained from the date of the first notification to the other party. (c) As regards art. 22 22 sin 23, the interested party shall provide the Joint Committee with all necessary assistance to examine the situation and, where appropriate, to eliminate the contested practice. If the party in question fails to eliminate the contested practice within the period fixed by the Joint Committee or if the Joint Committee fails to reach an agreement after 30 working days from the date of referral of the case, the interested party may adopt appropriate measures to deal with the difficulties resulting from the practice in dispute. 5. The safeguard measures taken will be notified immediately to the other party. They will be limited in terms of their scope and duration to what is strictly necessary, in order to correct the situation that has led to their application and will not overcome the damage caused by the practice or the difficulty in question. Priority will be given to such measures that least disrupt the operation of this agreement. 6 6. The safeguard measures taken will be the subject of regular consultations within the Joint Committee in order to relax them as soon as possible or to eliminate them when the existing conditions no longer justify their maintenance. 7. When exceptional circumstances, requiring immediate action, make it impossible for a prior examination, the interested party may, in the cases in art. 26, 27 and 29, to apply late, provisional measures strictly necessary to remedy the situation. The measures will be notified without delay and consultations will take place between the Parties, as soon as possible, within the Joint Committee. + Article 32 Difficulties of balance of payments 1. The parties will endeavour to avoid imposing restrictive measures, including measures relating to imports, on the grounds of balance of payments. 2. If a party is in serious difficulties of the balance of payments or under an imminent threat thereof, that party may, in accordance with the relevant provisions of the General Agreement on Tariffs and Trade, adopt measures restrictive, including measures targeting imports, which will be of limited duration and which will not exceed what is necessary to remedy the balance of payments situation. The measures will be gradually mitigated as the conditions of the balance of payments are improved and they will be eliminated when the conditions no longer justify this maintenance. That party will immediately inform the other party about their introduction and, when possible, the timing of their removal. + Article 33 Evolutionary clause 1. If a party considers that it would be in the interest of the economies of the parties to develop and adincite the relations established by the agreement by extending them to areas not covered by it, it shall submit a reasoned request to the other party. The Parties may instruct the Joint Committee to examine this request and, where appropriate, to make recommendations, in particular with a view to the start of negotiations. 2. The agreements resulting from the procedure referred to in paragraph 1 shall be subject to ratification or approval by the Parties in accordance with their national law. + Article 34 Joint Committee 1. The Parties agree to establish the Joint Committee composed of representatives of the Parties. 2. The application of this agreement shall be supervised and administered by the Joint Committee. 3. For the purposes of the proper application of the Agreement, the Parties shall exchange information and, at the request of any Party, hold consultations within the Joint Committee. The Joint Committee will examine the possibility of further removing obstacles to trade between the Parties. 4. The Joint Committee may adopt decisions in the cases provided for in this Agreement. On other issues the Joint Committee can make recommendations. + Article 35 Joint Committee proceedings 1. For the proper implementation of this Agreement, the Joint Committee shall meet whenever necessary, but at least once a year. Each side can ask for a reunion to take place. 2. The Joint Committee shall act by common agreement. 3. If a representative in the Joint Committee of a Party has accepted a judgment subject to the fulfilment of the constitutional requirements, the judgment shall enter into force, if no later date is provided, on the date when the lifting is notified Reserve. 4. In order to fulfil this agreement, the Joint Committee shall adopt its rules of procedure, which shall contain, inter alia, provisions on convening meetings and for the appointment of the President and the duration of his term of office. 5. The Joint Committee may decide to set up those sub-committees and working groups which it considers necessary to support it to carry out its tasks. + Article 36 Trade relations governed by this Agreement and by other agreements 1. This agreement applies to trade relations between Romania and the Czech Republic. 2. This agreement shall not prevent the maintenance or establishment of customs unions, free trade zones or border trade arrangements to the extent that they do not adversely affect the trade regime and, in particular, the provisions on the rules of origin provided for in this Agreement. + Article 37 Annexes and Protocols 1 1. Annexes *) no. I a)-VII and Protocols *) no. 1 1-4 to this Agreement shall form an integral part of this Agreement. 2. The Joint Committee may decide to amend or amend the Annexes and Protocols. In this case the amendments or amendments will enter into force on the date of receipt of the last diplomatic note confirming their approval by the Government of that party. + Article 38 Amendments Amendments to this Agreement, other than those referred to in paragraph 2 of art. 37, will enter into force on the date of receipt of the last diplomatic note confirming that all procedures, required by the national legislation of each party for the entry into force of the amendments, have been fulfilled. + Article 39 Entry into force This agreement is subject to ratification and will enter into force on the date of exchange of ratification instruments. The exchange of ratification instruments will take place in Bucharest. + Article 40 Validity and completion of validity 1. Any party to this agreement may decide to terminate the validity of this agreement by written notice to the other party. The effects will occur from the first day of the seventh month from the date on which the notification was received by the other party. As their testimony, the plenipotentiaries, below the signatories being fully authorized for it, have signed this agreement. Done in Prague, on 24 October 1994, in two original copies, each in Romanian, Czech and English, all texts being equally authentic. In case of differences in interpretation, the English text will prevail. For Romania, NICOLAE VACAROIU, PRIME minister For the Czech Republic, VACLAV KLAUS, PRIME minister + MEMORANDUM OF UNDERSTANDING 1. As regards paragraph 2 of art. 4, the parties agree that when a reduction in customs duties is carried out by suspending for a certain period of time the customs duties, these reduced customs duties will replace the basic customs duty only during such a suspension and, as whenever a partial suspension of customs duties is made, the preferential margin for the parties will be maintained. 2. When drawing up the criteria and rules indicated in paragraph 3 of art. 23 23, Parties: -will aim to ensure the most complete compliance with the criteria and rules in the matter, used or the auspices of the agreements between each of the parties to this agreement and the European Union; -will define the conditions and/or situations in which temporary derogations from the provisions of paragraph 1 of art. 23 23; --will examine the conditions under which actions against state aid practices can be put in place. 3. As regards paragraph 4 of art. 23, within a year of the entry into force of this agreement, the Joint Committee will discuss and adopt the necessary rules for the implementation of transparency measures. 4. As regards paragraph 2 of art. 24, if the situation in the Czech Republic allows it, the full liberalisation of the public procurement market will be introduced in relations between Romania and the Czech Republic before the end of 1998. 5. As regards paragraph 2 of art. 37, the Government will act in accordance with the legal procedures defined by the national legislation in force. 6. As regards art. 9, the parties have taken into account that they apply export restrictions and measures having equivalent effect. The Parties shall inform each other of the current level of such restrictions by their competent authorities no later than 31 March of each year. + JOINT DECLARATION Delegation of the Romanian Government, led by the Prime Minister, Mr. Nicolae Vacaroiu, and the delegation of the Czech Republic, led by the Prime Minister, Mr Václav Klaus, expressing the willingness of their states to work together to identify ways and means to enhance the process of economic integration in Europe, not confirming their states ' determination to phase out obstacles to mutual trade, in accordance with the provisions of the General Agreement on Tariffs and Trade, convinced of the beneficial influence of free trade on the economic development of their states, for the purpose of enhancing the liberalisation of reciprocal trade, on the occasion of the signing of the Free Trade Agreement between Romania and the Czech Republic, in Prague on 24 October 1994, have agreed as follows: 1. After the signing of the Free Trade Agreement between Romania and the Czech Republic will begin, without delay, negotiations at the level of experts in order to accelerate and deepen the liberalization of mutual trade, including with agricultural products, and rules of procedure of the Joint Committee. 2. Ministers responsible for trade shall submit for approval to the session of the Joint Committee new measures to liberalise trade by the end of March 1995. For the Romanian Government delegation, NICOLAE VACAROIU, PRIME minister For the delegation of the Czech Republic, VACLAV KLAUS, PRIME minister --------------- Note * *) The Annexes and Protocols shall be published later. GOVERNMENT OF THE CZECH REPUBLIC VACLAV KLAUS, PRIME minister Prague, 24 October 1994 Excellence, On the occasion of today's signing of the Free Trade Agreement between the Czech Republic and Romania, I have the honour of the respective authorities to propose its preliminary application from 1 January 1995, provided that the Ministry of Foreign Affairs The Czech Republic should receive, before this date, from the Ministry of Foreign Affairs of Romania, a note confirming the fulfilment of the necessary internal procedures for the approval of the entry into force of this agreement. Please accept, Your Excellency, the assurance of my high regard. VACLAV KLAUS, PRIME minister His Excellency Mr. Nicolae Vacaroiu, Prime Minister of the Romanian Government ROMANIAN GOVERNMENT Prague, 24 October 1994 Excellence, I have the honour to acknowledge receipt of your letter of 24 October 1994 with the following content: "" Excellent, On the occasion of today's signing of the Free Trade Agreement between the Czech Republic and Romania, I have the honour of the respective authorities to propose its preliminary application from 1 January 1995, provided that the Ministry of Foreign Affairs The Czech Republic should receive, before this date, from the Ministry of Foreign Affairs of Romania, a note confirming the fulfilment of the necessary internal procedures for the approval of the entry into force of this agreement. Please accept, Your Excellency, the assurance of my high regard. " ((content I approve) Please accept, Your Excellency, the assurance of my high regard. NICOLAE VACAROIU, PRIME minister His Excellency Mr. Vaclav Klaus, Prime Minister of the Czech Republic --------------------