be concluded between individual or several Member States of the European Union and Ukraine. Nor shall it preclude more extensive customs cooperation granted under such agreements.
\nFINAL ACT The plenipotentiaries of:
\nTHE 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 plenipotentiaries of UKRAINE, of the other part, meeting at Luxembourg on the fourteenth day of June in the year one thousand nine hundred and ninety-four for the signature of the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part, hereinafter referred to as the 'Partnership and Cooperation Agreement`, HAVE ADOPTED THE FOLLOWING TEXTS: the Partnership and Cooperation Agreement including its Annexes and the Protocol on mutual assistance between administrative authorities in customs matters.
\nThe plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Ukraine have adopted the texts of the Joint Declarations listed below and annexed to this Final Act:
\nJoint Declaration concerning Article 18 Joint Declaration concerning Article 19 Joint Declaration concerning Article 30 Joint Declaration concerning Article 31 Joint Declaration concerning the notion of 'control` in Article 32 (b) and Article 43 Joint Declaration concerning Article 50 Joint Declaration concerning Article 102.
\nThe plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Ukraine have taken note of the following Unilateral Declaration annexed to this Final Act:
\nDeclaration of the French Government on the application of the Agreement to overseas countries and territories associated with the European Community.
\nThe plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Ukraine have taken note of the following Exchange of Letters annexed to this Final Act:
\nExchange of Letters between the Community and Ukraine in relation to the establishment of companies.
\nJoint Declaration concerning Article 18 The Community and Ukraine declare that the text of the safeguard clause does not grant GATT safeguard treatment.
\nJoint Declaration concerning Article 19 It is understood that the provisions of Article 19 are neither intended to, nor shall slow down, hinder or impede the procedures provided for in the respective legislations of the Parties regarding anti-dumping and subsidies investigations.
\nJoint Declaration concerning Article 30 Without prejudice to the reservations listed in Annexes IV and V and to the provisions of Articles 44 and 47, the Parties agree that the words 'in conformity with their legislation and regulations` mentioned in paragraphs 1 and 2 of Article 30 mean that each Party may regulate the establishment and operation of companies on its territory, provided that these regulations do not create for the establishment and 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 companies or branches or subsidiaries of companies of any third country.
\nJoint Declaration concerning Article 31 Commercial presence of a Party's internal waterways transport companies in the other Party's territory shall be governed in accordance with legislation applicable within the Member States or Ukraine, until specific, more favourable provisions governing such commercial presence can be agreed upon, and if such presence is not governed by other legislative instruments binding on the Parties.
\nIt is understood that a commercial presence shall take the form of subsidiaries or branches as defined in Article 32. 'Legislation applicable` shall be translated into Ukrainian by the phrase '>REFERENCE TO A GRAPHIC> `.
\nJoint Declaration concerning the notion of 'control` in Article 32 (b) and Article 43 1. The Parties confirm their mutual understanding that the question of control shall depend on the factual circumstances of the particular case.
\nJoint Declaration concerning Article 50 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, trade marks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Article 10 bis of the Paris Convention for the protection of Industrial Property and protection of undisclosed information on know-how.
\nThe Parties declare that the term 'intellectual, industrial and commercial property` shall be translated into Ukrainian as '>REFERENCE TO A GRAPHIC> `.
\nJoint Declaration concerning Article 102 The Parties agree, for the purpose of its correct interpretation and its practical application, that the term 'cases of special urgency` included in Article 102 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 elements of the Agreement set out in
\nThe French Republic notes that the Partnership and Cooperation Agreement with Ukraine does not apply to the overseas countries and territories associated with the European Community pursuant to the Treaty establishing the European Community.