Obsah (13)

Article 3 Article 5 Article 10 Article 11 Article 15 Article 16 Article 17 Article 18 Article 25 Article 27 Article 32 Article 36 Article 6

21995A1013(01) 21995A1013(01) Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of th

Title II

and Article 23 of the Agreement

Article 3

of the Agreement

Article 5

of the Agreement

Article 10

of the Agreement

Article 11

of the Agreement

Article 15

(1), second indent, of the Agreement

Article 16

of the Agreement

Article 17

(2.2) of the Agreement

Article 18

of the Agreement

Article 25

of the Agreement

Article 27

of the Agreement

Article 32

of the Agreement

Article 32

(2)of the Agreement

Articles 1 and 32 of the Agreement

Article 36

of the Agreement

Article 6

of Protocol 2 The plenipotentiaries of the Community and the plenipotentiary of the Russian Federation have taken note of the Exchange of Letters in relation to Article 15 of the Agreement annexed to this Final Act The plenipotentiary of the Russian Federation has taken note of the declarations listed below and annexed to this Final Act: Community declaration in relation to Article 17 of the Agreement Community declaration in relation to Article 18 of the Agreement The plenipotentiaries of the Community have taken note of the declarations listed below and annexed to this Final Act: Declaration by the Russian Federation in relation to Article 6 of the Agreement Declaration by the Russian Federation in relation to Article 18 of the Agreement Declaration by the Russian Federation in relation to Article 24 of the Agreement Hecho en Bruselas, el diecisiete de julio de mil novecientos noventa y cinco. Udfördiget i Bruxelles, den syttende juli nitten hundrede og femoghalvfems. Geschehen zu BrŽssel am siebzehnten Juli neunzehnhundertfŽnfundneunzig. øółżõ ėĮłĖ ĀęįžąūūõĖ, ėĮłĖ ōąśń õĘĮĄ É˙įūč˙į ščūłń õżżłńśŽėłń õżõżČżĮń ĘążĮõ. Done at Brussels on the seventeenth day of July in the year one thousand nine hundred and ninety-five. Fait š Bruxelles, le dix-sept juillet mil neuf cent quatre-vingt-quinze. Fatto a Bruxelles, addü diciassette luglio millenovecentonovantacinque. Gedaan te Brussel, de zeventiende juli negentienhonderd vijfennegentig. Feito em Bruxelas, em dezassete de Julho de mil novecentos e noventa e cinco. Tehty Brysselissō seitsemōntenōtoista pōivōnō heinōkuuta vuonna tuhatyhdeksōnsataayhdeksōnkymmentōviisi. Som skedde i Bryssel den sjuttonde juli nittonhundranittiofem. >REFERENCE TO A FILM> Por las Comunidades Europeas For De Europöiske Föllesskaber FŽr die Europōischen Gemeinschaften Ćłń ĮłĖ ÅįęųĘńŪśąĖ Ź˙łżŽĮ÷ĮõĖ For the European Communities Pour les Communautłs europłennes Per le Comunitš europee Voor de Europese Gemeenschappen Pelas Comunidades Europeias Euroopan yhteisŠjen puolesta Põ Europeiska gemenskapernas vōgnar >REFERENCE TO A GRAPHIC> >REFERENCE TO A FILM> >REFERENCE TO A GRAPHIC>

TITLE II AND ARTICLE 23 For the purpose of Title II and Article 23, the GATT is understood to be the General Agreement on Tariffs and Trade signed in Geneva in 1947 as amended, as applied at the date of signature of the Agreement on Partnership and Cooperation, if the Parties do not agree otherwise within the framework of the Joint Committee established under Article 21.

ARTICLE 3 The Parties agree that the provisions of paragraph 1 of Article 3 shall not apply to conditions of import of products to the territory of Russia under financial loans and credits granted for development and humanitarian purposes, technical and humanitarian assistance and other similar arrangements, concluded between Russia and third States or international organizations in so far as such States or international organizations require special treatment for such imports.

ARTICLE 5 Article 5, within Title II on trade in goods, deals with the question of transit. It is the understanding of the Parties that Article 5 deals exclusively with the freedom of transit of goods, and does not deal with access to markets for transportation services. This is according to normal GATT practice.

ARTICLE 10 The Parties declare that the text of the safeguard clause, Article 10, does not grant GATT safeguard treatment.

ARTICLE 11 It is understood that the provisions of Article 11 and those of the following paragraph are neither intended to, nor shall, slow down, hinder or impede the procedures provided for in the respective legislation of the Parties regarding anti-dumping and subsidies investigations. The Parties agree that, without prejudice to their legislation and practice, when establishing normal value due account shall be taken overall, in each case on its merits, when natural comparative advantages can be shown by the manufacturers involved to be held with regard to factors such as access to raw materials, production process, proximity of production to customers and special characteristics of the product.

ARTICLE 15

(1), SECOND INDENT With respect to the Community the legislation and regulations, referred to in Article 6 of the 1989 Agreement, include, inter alia, the Treaty establishing the European Atomic Energy Community and implementing regulations thereof, in particular the provisions of those texts, which specify the rights, powers and responsibilities of the Euratom Supply Agency and of the Commission of the European Communities.

ARTICLE 16 (DEFINITIONS) 'Current payments` For the purpose of this Article, 'current payments` are payments connected with the movement of goods made in accordance with normal international business practice and do not cover arrangements which materially constitute a combination of a current payment and a capital transaction, such as deferrals of payments and advances which is meant to circumvent respective legislation of the Parties in this field. This definition does not preclude Russia from applying or enacting legislation which lays down that such payments must be carried out through those Russian banks which have received the respective licences from the Central Bank of the Russian Federation to carry out such operations in freely convertible currencies. 'Freely convertible currency` A 'freely convertible currency` is any currency considered as such by the International Monetary Fund.

ARTICLE 17 (2.2) 'Primary products` are those defined as such in the GATT.

ARTICLE 18 Within the limits of their respective competences, the Parties agree that for the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, the rights relating to patents, industrial designs, geographical indications, including appellations of origin, trademarks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Article 10bis of the Paris Convention for the Protection of Industrial Property and Protection of Undisclosed Information on Know-how.

ARTICLE 25 The Parties agree that the measures provided for in Article 25 shall not be taken with the aim to distort conditions of competition in relevant markets and thus to afford protection to domestic production.

ARTICLE 27 The Parties invite the Joint Committee to examine forthwith the rules of procedure that may be useful for dispute settlement under this Agreement.

ARTICLE 32 The Parties agree, by common consent, for the purpose of its correct interpretation and its practical application that the terms 'cases of special urgency` included in Article 32 of the Agreement mean cases of material breach of the Agreement by one of the Parties. A material breach of the Agreement consists of (a) repudiation of the Agreement not sanctioned by the general rules of international law or (b) violation of the essential element of the Agreement set out in Article 1.

ARTICLE 32

(2)The Parties agree that 'appropriate measures` referred to in Article 32

(2)are measures taken in accordance with international law. If a Party takes a measure in a case of 'special urgency` as provided for under Article 32

(2), the other Party may avail itself of the procedure provided for in Article 27.

ARTICLES 1 AND 32 The Parties declare that the inclusion in the Agreement of the reference to the respect for human rights constituting an essential element of the Agreement and to cases of special urgency flows from - the Community's policy in the area of human rights, in conformity with the Declaration of the Council of 11 May 1992 which provides for the inclusion of this reference in cooperation or association agreements between the Community and its CSCE partners, as well as - Russia's policy in this field, and - the attachment of both Parties to the relevant obligations, arising in particular from the Helsinki Final Act and the Charter of Paris for a new Europe.

ARTICLE 36 The Parties confirm that although the present Agreement replaces parts of the 1989 Agreement regarding relations between the Parties, the Agreement shall not prejudice or otherwise affect any measures taken before the entry into force of this Agreement or agreements made between them before that date in conformity with the 1989 Agreement and this upon the conditions and for the period of application contained in such measures or agreements.

ARTICLE 6 OF PROTOCOL 2 1. The Parties agree to take the necessary measures in order to assist each other, as provided for in this Protocol and without delay, for the following movements of goods: (

a)movement of arms, ammunition, explosives and explosive devices; (
b)movement of objects of art and antiquity, which present significant historical, cultural or archaeological value for one of the Parties; (
c)movement of poisonous goods as well as the substances dangerous for the environment and the public health; (
d)movement of sensitive and strategic goods subject to non-tariff limitations in accordance with the lists agreed upon by the Parties. 2. The Parties agree, if permitted by the basic principles of their respective legal systems, to take the necessary measures to allow the appropriate use of the controlled delivery technique on the basis of mutually agreed implementing provisions adopted by them in accordance with the procedures of this Protocol. 3. The Parties agree to take all necessary measures, in accordance with their respective legislation, in order: - to deliver all documents, - to notify all decisions, falling within the scope of this Protocol to an addressee, residing or established in their respective territories on the basis of mutually agreed implementing provisions adopted by them in accordance with the procedures of this Protocol. In such a case Article 5

(3)is applicable.

The Parties agree that when the requested authority cannot act on his own, the administrative department to which the request has been addressed by this authority shall proceed under the same conditions applicable to the requested authority. EXCHANGE OF LETTERS in relation to Article 15 A. Letter from Russia Sir, The purpose of this letter is to confirm that with regard to trade in nuclear materials as covered by Article 15 of the Interim Agreement signed today, we have reached the following understanding: Russia intends to act as a stable, reliable and long-term supplier of nuclear materials to the Community and the Community recognizes that intention. The Russian Government takes note that the Community considers Russia, in particular for the purposes of its supply policy in the nuclear field, as a source of supply which is separate and distinct from other suppliers. In order to avoid any difficulties in trade, consultations shall be held regularly or on request on developments in the trade of nuclear materials between Russia and the Community. These consultations could include a continuous and regular dialogue on market developments and forecasts. The consultations shall be held within the framework of Article
As provided in Article 6 of the Interim Agreement the regulations referred to in Article 6 of the 1989 Agreement will be implemented in a uniform, impartial and equitable manner. I refer to our common desire to facilitate by all practicable means the process of nuclear disarmament underway. We have agreed to take all necessary steps to conduct consultations with all countries concerned, if it appears that the implementation of respective bi- and multilateral agreements causes or threatens to cause substantial injury to the facilities of the Parties. I propose that this letter and your reply will establish a formal agreement between us. Please accept, Sir, the assurance of my highest consideration. For the Government of the Russian Federation B. Letter from the Community Sir, Thank you for your letter of today's date which reads as follows: 'The purpose of this letter is to confirm that with regard to trade in nuclear materials as covered by Article 15 of the Interim Agreement signed today, we have reached the following understanding: Russia intends to act as a stable, reliable and long-term supplier of nuclear materials to the Community and the Community recognizes that intention. The Russian Government takes note that the Community considers Russia, in particular for the purposes of its supply policy in the nuclear field, as a source of supply which is separate and distinct from other suppliers. In order to avoid any difficulties in trade, consultations shall be held regularly or on request on developments in the trade of nuclear materials between Russia and the Community. These consultations could include a continuous and regular dialogue on market developments and forecasts. The consultations shall be held within the framework of Article
As provided in Article 6 of the Interim Agreement the regulations referred to in Article 6 of the 1989 Agreement will be implemented in a uniform, impartial and equitable manner. I refer to our common desire to facilitate by all practicable means the process of nuclear disarmament underway. We have agreed to take all necessary steps to conduct consultations with all countries concerned, if it appears that the implementation of respective bi- and multilateral agreements causes or threatens to cause substantial injury to the facilities of the Parties. I propose that this letter and your reply will establish a formal agreement between us.` I confirm that your letter and my reply establish a formal agreement between us. Please accept, Sir, the assurance of my highest consideration. On behalf of the European Communities COMMUNITY DECLARATION IN RELATION TO ARTICLE 17 The provisions of the Agreement are without prejudice to the competences of the European Community and its Member States in the field of competition. COMMUNITY DECLARATION IN RELATION TO ARTICLE 18 The provisions of the Agreement are without prejudice to the competences of the European Community and its Member States in matters of intellectual, industrial and commercial property. DECLARATION BY RUSSIA IN RELATION TO ARTICLE 6 The provisions of Article 6

(3)are without prejudice to measures outside the competences of the Government of the Russian Federation. DECLARATION BY RUSSIA IN RELATION TO ARTICLE 18 The provisions of paragraph 2 of Article 54 with the exception of the final indent, and paragraphs 4 and 5 of Annex 10 of the Agreement on Partnership and Cooperation shall be applied from the entry into force of the Interim Agreement. DECLARATION BY RUSSIA IN RELATION TO ARTICLE 24 The provisions of Article 24

(1)are without prejudice to special powers assigned by Russian legislation in force to patent attorneys who are citizens of the Russian Federation. OUTSIDE THE AGREEMENT EXCHANGE OF LETTERS on the consequences of enlargement A. Letter from the Community Sir, I refer to the Interim Agreement signed today and confirm that if any amendment to this Agreement might become necessary as a result of the enlargement of the Community, this would become the subject of consultations between the Parties pursuant to Article 21 and in this context account would be taken, to the extent possible, of the character of hitherto existing bilateral trade and economic relations between Russia and new Member States. I would be obliged if you could confirm the agreement of your Government to the content of this letter. Please accept, Sir, the assurance of my highest consideration. On behalf of the European Communities >REFERENCE TO A GRAPHIC> B. Letter from Russia Sir, Thank you for your letter of today's date which reads as follows: 'I refer to the Interim Agreement signed today and confirm that if any amendment to this Agreement might become necessary as a result of the enlargement of the Community, this would become the subject of consultations between the Parties pursuant to Article 21 and in this context account would be taken, to the extent possible, of the character of hitherto existing bilateral trade and economic relations between Russia and new Member States. I would be obliged if you could confirm the agreement of your Government to the content of this letter.` I confirm that your letter and my reply establish a formal agreement between us. Please accept, Sir, the assurance of my highest consideration. For the Government of the Russian Federation >REFERENCE TO A GRAPHIC>

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