(a) Non-Russian controlled companies are not allowed to acquire plots of land. Those companies, however, can lease plots of land for a period of no more than 49 years. (b) As an exception to paragraph (a), non-Russian controlled companies can acquire plots of land in the cases when such companies are recognized as buyers in accordance with the Law of the Russian Federation on the privatization of state and municipal enterprises in the Russian Federation and other respective legislation and regulations, including the requirements of programmes of privatization:
\nTelecommunications Telecommunication services including mobile and satellite services, construction, installation, operation and maintenance of communication devices are restricted.
\nMass media services Some limitations of foreign participation in mass media companies.
\nProfessional activities Some activities closed, limited or subject to special requirements for natural persons who are non-Russian nationals.
\nLease of Federal property The lease of Federal property whose value exceeds 100 million roubles to companies with foreign participation is effected with the permission of the state authority empowered to manage such property.
\nThis maximum is to be raised and will be expressed in convertible currency.
\nANNEX 5 CROSS-BORDER SUPPLY OF SERVICES LIST OF SERVICES FOR WHICH THE PARTIES SHALL GRANT MOST-FAVOURED-NATION (MFN) TREATMENT (a) Sectors to be covered, according to the provisional Central Product Classification (CPC) of the United Nations Organization:
\nConsultancy services relating to accounting review services: part of CPC 86212 other than 'auditing services` Consultancy services relating to bookkeeping services CPC 86220 Engineering services CPC 8672 Integrated engineering services CPC 8673 Advisory and pre-design architectural services CPC 86711 Architectural design services CPC 86712 Urban planning and landscape architectural services CPC 8674 Computer and related services:
\nConsultancy services related to the installation of computer hardware CPC 841 Software implementation services CPC 842 Database services CPC 844 Advertising CPC 871 Market research and opinion polling CPC 864 Management consulting services CPC 866 Technical testing and analysis services CPC 8676 Advisory and consulting services relating to agriculture, hunting and forestry Advisory and consulting services relating to fishing Advisory and consulting services relating to mining Printing and publishing CPC 88442 Convention services Translation services CPC 87905 Interior design services CPC 87907 Telecommunications:
\nValue-added services including (but not limited to) electronic mail, voice mail, on-line information and database retrieval, data processing, EDI, code and protocol conversion Packet and circuit switched data services Construction and related engineering services: site investigation work CPC 5111 Franchising CPC 8929 Adult education services by correspondence part of CPC 924 News and press agency services CPC 962 Rental/leasing services without operators related to other transport equipment (CPC 83101 private cars, 83102 goods transport vehicles, 83105) and relating to other machinery and equipment (CPC 83106, 83107, 83108, 83109) Commission agents services and wholesale trade services related to import-export trade (part of CPC 621 and 622) Research and development in software Reinsurance and retrocession and the services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services Insurance of risks relating to: (i) maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: persons being transported, the goods being exported from or imported to, the same vehicle transporting the goods and any liability arising therefrom; (ii) goods in international transit; and (iii) accident and health insurance; and personal motor liability insurance in the case of cross-border movement. (b) Data processing services CPC 843 Provision and transfer of financial information and financial data processing (see paragraphs B.11 and B.12 of Annex 6):
\nFor the services listed under paragraph (b) MFN subject to Article 38 will be applied, without paragraph A of Annex 8.
\nANNEX 6 DEFINITIONS IN RELATION TO FINANCIAL SERVICES A financial service is any service of a financial nature offered by a financial service supplier of one of the Parties. Financial services include the following activities:
\nA. All insurance and insurance-related services 1. Direct insurance (including co-insurance) (i) life; (ii) non-life.
\nB. Banking and other financial services (excluding insurance) 1. Acceptance of deposits and other repayable funds from the public.
\nThe following activities are excluded from the definition of financial services: (a) activities carried out by central banks or by any other public institution in pursuit of monetary and exchange rate policies; (b) activities conducted by central banks, government agencies or departments, or public institutions, for the account or with the guarantee of the government, except when those activities may be carried out by financial service suppliers in competition with such public entities; (c) activities forming part of a statutory system of social security or public retirement plans, except when those activities may be carried out by financial service suppliers in competition with public entities or private institutions.
\nANNEX 7 FINANCIAL SERVICES A. In respect of banking services referred to in Annex 6, Part B, the most-favoured-nation treatment granted pursuant to Article 28
\nB. In respect of insurance services referred to in Annex 6, Part A, paragraphs 1 and 2 the most-favoured-nation treatment granted pursuant to Article 28 (1) with regard to establishment by means of the setting up of a subsidiary only authorized for the insurance operations is set out in the legislation and regulations applicable in Russia on the day of establishment taking into account the following conditions:
\nANNEX 8 PROVISIONS IN RELATION TO ARTICLES 34 AND 38
\nThe consultations shall begin within 30 days of the request therefor by the first Party. They shall be held with a view to reaching agreement either on:
\nIf agreement is not reached within 60 days of the request for consultations made by the first Party, such first Party may make appropriate compensatory adjustments to its obligations. Such adjustments shall be made to the extent and for such time as is necessary to take account of the significantly more restrictive situation created by the other Party. Priority must be given to those measures which least disturb the functioning of the Agreement.
\nThe rights which economic operators have acquired under the Agreement at the time such adjustments are made shall not be affected by the said adjustments.
\nANNEX 9 TRANSITIONAL PERIOD FOR PROVISIONS ON COMPETITION AND FOR THE INTRODUCTION OF QUANTITATIVE RESTRICTIONS The circumstances mentioned in Article 53 paragraph 2.3 and in Annex 2, paragraph 2 are understood in respect of sectors of the Russian economy which:
\nANNEX 10 PROTECTION OF INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY REFERRED TO IN ARTICLE 54 1. Russia shall continue to improve the protection of intellectual, industrial and commercial property rights in order to provide, by the end of the fifth year after the entry into force of the Agreement, for a level of protection similar to that existing in the Community, including effective means of enforcing such rights.
\nPROTOCOL 1 on the establishment of a coal and steel contact group 1. A contact group is established between the Parties. The group is composed of representatives of the Community and of Russia.
\nPROTOCOL 2 on mutual administrative assistance for the correct application of customs legislation
\nFor the purposes of this Protocol: (a) 'customs legislation` shall mean provisions applicable in the territories of the Parties and governing the import, export, transit of goods and their placing under any customs procedure, including measures of prohibition, restriction and control and adopted by the said Parties; (b) 'customs duties` shall mean all duties, taxes, fees or any other charges which are levied and collected in the territories of the Parties, in application of customs legislation, but not including fees and charges which are limited in amount to the approximate costs of services rendered; (c) 'applicant authority`, shall mean a competent administrative authority which has been appointed by a Party for this purpose and which makes a request for assistance in customs matters; (d) 'requested authority`, shall mean a competent administrative authority which has been appointed by a Party for this purpose and which receives a request for assistance in customs matters; (e) 'contravention`, shall mean any violation of the customs legislation as well as any attempted violation of such legislation.
\nNor shall it cover information, including documents obtained under powers exercised at the request of the judicial authority, unless those authorities so agree.
\nThe Parties shall within their competences provide each other with assistance without prior request where they consider that to be necessary for the correct application of customs legislation, particularly when they obtain information pertaining to:
\nDocuments necessary for the execution of such requests shall accompany the request. When required because of the urgency of the situation, oral requests may be accepted, but must be confirmed in writing immediately.
\nAll relevant information for the utilization of the material shall be supplied on request.
\nAn official of a requested authority may be authorized to appear, within the limitations of the authorization granted, as expert or witness in judicial or administrative proceedings regarding the matters covered by this Protocol in the jurisdiction of another Party, and produce such objects, documents or authenticated copies thereof, as may be needed for the proceedings. The request for an appearance must indicate specifically on what matters and by virtue of what title or qualification the official will be questioned.
\nThe Parties shall waive all claims on each other for the reimbursement of expenses incurred pursuant to this Protocol, except, as appropriate, for expenses to experts and witnesses and to interpreters and translators who are not dependent upon public services.
\nFINAL ACT The plenipotentiaries of: the KINGDOM OF BELGIUM, the KINGDOM OF DENMARK, the FEDERAL REPUBLIC OF GERMANY, the HELLENIC REPUBLIC, the KINGDOM OF SPAIN, the FRENCH REPUBLIC, IRELAND, the ITALIAN REPUBLIC, the GRAND DUCHY OF LUXEMBOURG, the KINGDOM OF THE NETHERLANDS, the PORTUGUESE REPUBLIC, the UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, Contracting Parties to the Treaty establishing the EUROPEAN COMMUNITY, the Treaty establishing the EUROPEAN COAL AND STEEL COMMUNITY, and the Treaty establishing the EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as the 'Member States`, and of the EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL COMMUNITY and the EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as 'the Community`, of the one part, and the plenipotentiary of the RUSSIAN FEDERATION, hereinafter referred to as 'Russia`, of the other part, meeting at Corfu this twenty-fourth day of June in the year one thousand nine hundred and ninety-four for the signature of the Agreement on Partnership and Cooperation establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, hereinafter referred to as the 'Agreement on Partnership and Cooperation`, have adopted the following texts:
\nThe Agreement on Partnership and Cooperation including its Annexes and the following Protocols:
\nProtocol 1 on the establishment of a coal and steel contact group, Protocol 2 on mutual administrative assistance for the correct application of customs legislation.
\nThe plenipotentiaries of the Member States and of the Community and the plenipotentiary of Russia have adopted the texts of the Joint Declarations listed below and annexed to this Final Act:
\nJoint Declaration in relation to Title III and Article 94 of the Agreement Joint Declaration in relation to Article 10 of the Agreement Joint Declaration in relation to Article 12 of the Agreement Joint Declaration in relation to Article 17 of the Agreement Joint Declaration in relation to Article 18 of the Agreement Joint Declaration in relation to Article 22 (1), second indent of the Agreement Joint Declaration in relation to Article 24 of the Agreement Joint Declaration in relation to Articles 26, 32 and 37 of the Agreement Joint Declaration in relation to Article 28 of the Agreement Joint Declaration in relation to Article 29 (3) of the Agreement Joint Declaration in relation to Article 30 of the Agreement Joint Declaration in relation to Article 30 (a) and (g) of the Agreement Joint Declaration in relation to the notion of 'control` in Article 30 (b) and Article 45 of the Agreement Joint Declaration in relation to Article 30 (h), third subparagraph of the Agreement Joint Declaration in relation to Article 31 of the Agreement Joint Declaration in relation to Article 34 (1) of the Agreement Joint Declaration in relation to Articles 34 and 38 of the Agreement Joint Declaration in relation to Article 35 of the Agreement Joint Declaration in relation to Article 39 (2) (c), second subparagraph of the Agreement on opening ports Joint Declaration in relation to Article 39 (2) (c), second subparagraph of the Agreement on vessels under a third flag Joint Declaration in relation to Article 44 of the Agreement Joint Declaration in relation to Article 46 (2) of the Agreement Joint Declaration in relation to Article 48 of the Agreement Joint Declaration in relation to Article 52 of the Agreement Joint Declaration in relation to Article 53 paragraph 2.2 of the Agreement Joint Declaration in relation to Article 54 of the Agreement Joint Declaration in relation to Article 99 of the Agreement Joint Declaration in relation to Article 101 of the Agreement Joint Declaration in relation to Article 107 of the Agreement Joint Declaration in relation to Article 107 (2) of the Agreement Joint Declaration in relation to Articles 2 and 107 of the Agreement Joint Declaration in relation to Article 112 of the Agreement Joint Declaration in relation to Article 6 of Protocol 2.
\nThe plenipotentiaries of the Member States and of the Community and the plenipotentiary of Russia have also taken note of the following exchanges of letters annexed to this Final Act:
\nExchange of letters in relation to Article 22 of the Agreement Exchange of letters in relation to Article 52 of the Agreement.
\nThe plenipotentiary of Russia has taken note of the Declarations listed below and annexed to this Final Act:
\nCommunity Declaration in relation to Article 36 of the Agreement Community Declaration in relation to Article 54 of the Agreement.
\nThe plenipotentiaries of the Member States and of the Community have taken note of the Declaration listed below and annexed to this Final Act:
\nDeclaration by Russia in relation to Article 36 of the Agreement.
\nHecho en CorfŪ, el veinticuatro de junio de mil novecientos noventa y cuatro.
\nUdfördiget i Corfu den fireogtyvende juni nitten hundrede og fireoghalvfems.
\nGeschehen zu Korfu am vierundzwanzigsten Juni neunzehnhundertvierundneunzig. øółżõ ėĮ÷ż Źąęśįęń, ėĮłĖ õčś˙ėł ĮąėėõęłĖ É˙įżč˙į ščūłń õżżłńśŽėłń õżõżČżĮń Įąėėõęń.
\nDone at Corfu on the twenty-fourth day of June in the year one thousand nine hundred and ninety-four.
\nFait š Corfou, le vingt-quatre juin mil neuf cent quatre-vingt-quatorze.
\nFatto a Corfų, addü ventiquattro giugno millenovecentonovantaquattro.
\nGedaan te Korfoe, de vierentwintigste juni negentienhonderd vierennegentig.
\nFeito em Corfu, em vinte e quatro de Junho de mil novecentos e noventa e quatro. >REFERENCE TO A GRAPHIC> Pour le Royaume de Belgique Voor het Koninkrijk Belgiū FŽr das KŠnigreich Belgien >REFERENCE TO A GRAPHIC> Põ Kongeriget Danmarks vegne >REFERENCE TO A GRAPHIC> FŽr die Bundesrepublik Deutschland >REFERENCE TO A GRAPHIC> Ćłń Į÷ż Åūū÷żłśČ Ä÷ü˙śęńĮčń >REFERENCE TO A GRAPHIC> Por el Reino de Espaęa >REFERENCE TO A GRAPHIC> Pour la Rłpublique fran÷aise >REFERENCE TO A GRAPHIC> Thar cheann Na hÉireann For Ireland >REFERENCE TO A GRAPHIC> Per la Repubblica italiana >REFERENCE TO A GRAPHIC> Pour le Grand-Duchł de Luxembourg >REFERENCE TO A GRAPHIC> Voor het Koninkrijk der Nederlanden >REFERENCE TO A GRAPHIC> Pela RepŪblica Portuguesa >REFERENCE TO A GRAPHIC> For the United Kingdom of Great Britain and Northern Ireland >REFERENCE TO A GRAPHIC> 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 >REFERENCE TO A GRAPHIC> >REFERENCE TO A GRAPHIC> Joint Declaration in relation to Title III and Article 94 For the purpose of Title III and Article 94, 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 present Agreement, if the Parties do not agree otherwise within the framework of the Cooperation Council established under Article 90.
\nJoint Declaration in relation to Article 10 The Parties agree that the provisions of paragraph 1 of Article 10 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.
\nJoint Declaration in relation to Article 12 Article 12, within Title III on trade in goods, deals with the question of transit. It is the understanding of the Parties that Article 12 deals exclusively with the freedom of transit of goods.
\nThis is according to normal GATT practice. The issue of transit may be taken up in the future negotiations on transport agreements as indicated in Article 43.
\nJoint Declaration in relation to Article 17 The Community and Russia declare that the text of the safeguard clause (Article 17) does not grant GATT safeguard treatment.
\nJoint Declaration in relation to Article 18 It is understood that the provisions of Article 18 and those of the following paragraph are neither intended to, nor shall, slow down, hinder or impede the procedure provided for in the respective legislation of the Parties regarding antidumping and subsidies investigations.
\nThe 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.
\nJoint Declaration in relation to Article 22 (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.
\nJoint Declaration in relation to Article 24 It is understood that the notion 'members of their family` is defined in accordance with the national legislation of the host country concerned.
\nJoint Declaration in relation to Articles 26, 32 and 37 The Parties shall ensure that the issuing of visas and residents' permits in conformity with the laws and regulations of the Member States and Russia respectively is conducted in a manner consistent with the principles of the concluding document of the CSCE Bonn Conference, in particular with a view to facilitating the prompt entry, stay and movement of businessmen in the Member States and in Russia. Such efforts shall apply in particular to key personnel referred to in Article 32 and to the sellers of cross-border services referred to in Article 37, and ensure that the administrative procedures do not nullify or impair the benefits accruing to any Party under these Articles of the Agreement.
\nThe Parties agree that an important element in this context is the timely conclusion of re-admission agreements between the Member States and Russia.
\nThe Cooperation Council shall regularly review the evolution of the situation in these areas.
\nJoint Declaration in relation to Article 28 Without prejudice to the provisions of Articles 50 and 51, the Parties agree that the words 'in conformity with . . . legislation and regulations` mentioned in paragraphs 1 and 4 of Article 28 mean that each Party may regulate the establishment of companies, by means of setting up subsidiaries and branches, as defined in Article 30 and the operation of branches provided that this legislation and regulations do not create reservations resulting in a less favourable treatment than that accorded to companies or branches of any third country respectively.
\nWithout prejudice to the reservations listed in Annexes 3 and 4 and to the provisions of Articles 50 and 51, the Parties agree that the words 'in conformity with . . . legislation and regulations` mentioned in paragraphs 2 and 3 of Article 28 mean that each Party may regulate the operation of companies on its territory, provided that this legislation and regulations do not create for the operations of companies of the other Party any new reservations resulting in a less favourable treatment than that accorded to their own companies or to subsidiaries of companies of any third country whichever is the better.
\nJoint Declaration in relation to Article 29 (3) The Parties confirm that nothing in Article 29 (3) prevents Russia from adopting any new regulations or measures which would introduce or worsen discrimination as compared to the situation existing on the date of the signature of the Agreement as regards conditions affecting the establishment of non-Community companies in its territory in comparison to its own companies.
\nJoint Declaration in relation to Article 30 The Parties confirm the importance of ensuring that the granting of licences referred to in Article 30 (a) and (g):
\nJoint Declaration in relation to Article 30 (a) and (g) Article 30 (a), second subparagraph and (g), second subparagraph, take into account the specificity of access to financial services as it is agreed in the framework of this Agreement, and do not affect the definitions of 'establishment` and 'operation` as they apply to financial services for other purposes than the purpose of this Agreement.
\nJoint Declaration in relation to the notion of 'control` in Articles 30 (b) and 45 1. The Parties confirm their mutual understanding that the question of control shall depend on the factual circumstances of the particular case.
\nJoint Declaration in relation to Article 30 (h), third subparagraph Taking into account the restrictions existing at present concerning the carriage of goods and passengers by inland transport modes, the Parties agree that until such restrictions are lifted, the expression 'intermodal transport operations involving a sea-leg` is understood to mean the organization of such operations.
\nJoint Declaration in relation to Article 31 The provisions of Article 31 permit the Parties to apply any measure intended to prevent circumvention by a company of a third country of the measures of the Parties concerning establishment of companies of that third country in their respective territories by means of any possibility provided for in this Agreement.
\nJoint Declaration in relation to Article 34 (1) Taking into account the explanations given by Russia to the Community that in certain respects and for certain sectors the treatment granted to Russian subsidiaries and branches of Community companies is better than the treatment offered to Russian companies in general, namely national treatment, the Parties agree that if measures were introduced by Russia to align the treatment of Russian subsidiaries and branches of foreign companies down to national treatment, this cannot be considered to violate the obligation on Russia to use its best endeavours contained in Article 34 (1).
\nJoint Declaration in relation to Articles 34 and 38 The Parties agree that if either Party were to be of the view that the other had not correctly interpreted the terms 'significantly more restrictive` in Articles 34 (2) or 38 (3), such Party may have to resort to the procedures set out in Article 101.
\nJoint Declaration in relation to Article 35 The Parties agree that the activities referred to in Article 35 (3), subparagraphs (a) and (b) do not include acting as a carrier.
\nJoint Declaration in relation to Article 39 (2) (c), second subparagraph on opening ports On the basis of the information provided by the Russian side concerning their ports open to foreign vessels, the Community takes note that Russia intends to continue its effort to increase the number of ports open to foreign vessels. The Russian side also notes the Community's policy of maintaining open to foreign vessels all ports open to international trade. The Parties consider that the degree of openness of ports to foreign vessels is an essential feature of an assessment of the conditions necessary for the free supply of services in international maritime transport. They therefore undertake to review the situation regarding ports open to foreign vessels at least every two years through consultations to be held in the framework of the Cooperation Council. If serious difficulties arise in maintaining a port open to foreign vessels, the Party in whose territory the port concerned is situated shall inform the other Party; at the request of the latter, consultations shall be held so as to ensure that any action taken affects as little as possible the free supply of international maritime services.
\nJoint Declaration in relation to Article 39 (2) (c), second subparagraph on vessels under a third flag The Parties agree after the expiry of five years from the date of entry into force of this Agreement to consider the possibility of application of the provisions of Article 39 (2) (c), second subparagraph to vessels under a third flag operated by shipping companies or nationals of a Member State or Russia respectively.
\nJoint Declaration in relation to Article 44 For the purposes of this Agreement, an economic integration agreement shall be an agreement in accordance with the principles set out in Article V of the General Agreement on Trade in Services.
\nIn respect of any aspect of this Agreement covering areas other than service activities an economic integration agreement shall be an agreement in accordance with the principles set out in Article XXIV of the GATT on the creation of free trade areas or customs unions.
\nJoint Declaration in relation to Article 46 (2) The Parties confirm their mutual understanding that the question of whether activities are connected, even occasionally, with the exercise of official authority in their respective territories, depends upon the circumstances of each particular case. An examination, in each particular case, whether such activities are connected with:
\nJoint Declaration in relation to Article 48 The sole fact of requiring a visa for natural persons of certain Parties and not for those of others shall not be regarded as nullifying or impairing benefits under a specific commitment.
\nJoint Declaration in relation to Article 52 (definitions) 'Current payments` 'Current payments` are payments connected with the movement of goods, services or persons 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.
\nThis 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. 'Direct investment` 'Direct investment` is an investment for the purpose of establishing lasting economic relations with an enterprise such as investments which give the possibility of exercising an effective influence on the management thereof, in the country concerned by non-residents or abroad by residents, by means of:
\nJoint Declaration in relation to Article 53, paragraph 2.2 'Primary products` are those defined as such in the GATT.
\nJoint Declaration in relation to Article 54 The Parties agree that for the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright of computer programs, and neighbouring rights, patents, industrial designs, geographical indications, including appellations of origin, trade marks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Article 10a of the Paris Convention for the protection of industrial property and protection of undisclosed information on know-how.
\nJoint Declaration in relation to Article 99 The Parties agree that the measures provided for in Article 99 shall not be taken with the aim to distort conditions of competition in relevant markets and thus to afford protection to domestic production.
\nJoint Declaration in relation to Article 101 The Parties invite the Cooperation Council to examine forthwith the rules of procedure that may be useful for dispute settlement under this Agreement.
\nJoint Declaration in relation to Article 107 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 107 of the Agreement mean cases of material breach of the Agreement by one of the Parties. A material breach of the Agreement consists in: (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
\nThe Parties agree that 'appropriate measures` referred to in Article 107 (2) are measures taken in accordance with international law.
\nIf a Party takes a measure in a case of 'special urgency` as provided for pursuant to Article 107 (2), the other Party may avail itself of the procedures provided for in Article 101.
\nJoint Declaration in relation to Articles 2 and 107 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:
\nJoint Declaration in relation to Article 112 The Parties confirm that although the present Agreement replaces the Agreement of 18 December 1989 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.
\nJoint Declaration in relation to 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.
\nEXCHANGE OF LETTERS in relation to Article 22 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 22 of the Agreement on Partnership and Cooperation signed today, we have reached the following understanding:
\nRussia 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.
\nIn 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.
\nThe consultations shall be held within the framework of Article 92.
\nAs provided in Article 13 of the Agreement on Partnership and Cooperation the regulations referred to in Article 6 of the 1989 Agreement will be implemented in a uniform, impartial and equitable manner.
\nI 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.
\nI propose that this letter and your reply will establish a formal agreement between us.
\nPlease accept, Sir, the assurance of my highest consideration.
\nFor 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 22 of the Agreement on Partnership and Cooperation signed today, we have reached the following understanding:
\nRussia 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.
\nIn 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.
\nThe consultations shall be held within the framework of Article 92.
\nAs provided in Article 13 of the Agreement on Partnership and Cooperation the regulations referred to in Article 6 of the 1989 Agreement will be implemented in a uniform, impartial and equitable manner.
\nI 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.
\nI 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.
\nPlease accept, Sir, the assurance of my highest consideration.
\nOn behalf of the European Communities EXCHANGE OF LETTERS in relation to Article 52 A. Letter from Russia Sir, With reference to Article 52 of the Agreement on Partnership and Cooperation, I confirm that nothing in this Article shall be construed as restricting the transfer abroad by Community residents of investments made in Russia by Community residents, including any compensation payments arising from measures such as expropriation, nationalization or measures of equivalent effect and of any profit stemming therefrom.
\nI propose that this letter and your reply will establish a formal agreement between us.
\nPlease accept, Sir, the assurance of my highest consideration.
\nFor 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: 'With reference to Article 52 of the Agreement on Partnership and Cooperation, I confirm that nothing in this Article shall be construed as restricting the transfer abroad by Community residents of investments made in Russia by Community residents, including any compensation payments arising from measures such as expropriation, nationalization or measures of equivalent effect and of any profit stemming therefrom.
\nI 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.
\nPlease accept, Sir, the assurance of my highest consideration.
\nOn behalf of the European Communities Community Declaration in relation to Article 36 The Community declares that the cross-border supply of services as referred to in Article 36 does not imply the movement of the service supplier into the territory of the country where the service is destined, nor the movement of the recipient of the service into the territory of the country from which the service comes.
\nCommunity Declaration in relation to Article 54 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.
\nDeclaration by Russia in relation to Article 36 Russia declares that the suppliers in the Community Declaration in relation to Article 36 could not be considered as natural persons, who are representatives of a Community or Russian company and are seeking temporary entry for the purpose of negotiating the sales of cross-border services or entering into agreements to sell cross-border services for that company.
\nMinutes of signing of the Agreement on Partnership and Cooperation establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part The plenipotentiaries of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Portuguese Republic, the United Kingdom of Great Britain and Northern Ireland, the European Community, the European Coal and Steel Community and the European Atomic Energy Community, and the plenipotentiaries of the Russian Federation signed the Agreement on Partnership and Cooperation between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, on 24 June 1994 in Corfu.
\nOn that occasion, the French Republic made the following Declaration: 'The French Republic notes that the Agreement on Partnership and Cooperation with the Russian Federation does not apply to the overseas countries and territories associated with the European Community pursuant to the Treaty establishing the European Community.` This Declaration has been brought to the attention of the Russian Federation, which raised no objections.
\nThese Minutes will be published in the Official Journal of the European Communities.