This law is a Partnership and Cooperation Agreement between the European Communities and their Member States, and the Kyrgyz Republic

21999A0728(03) 21999A0728(03) Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part - Protocol on mutual assistance between authorities in customs matters - Final Act

OF DOCUMENT: 09/02/1995 OF EFFECT: 01/07/1999; ENTRY INTO FORCE SEE ART 98.2 AND OJ L 248/99 P. 35 OF SIGNATURE: 09/02/1995; BRUSSELS OF END OF VALIDITY: 99/99/9999 Authentic language: THE OFFICIAL LANGUAGES ; GERMAN ; SPANISH ;

ENGLISH ; DANISH ; FRENCH ; FINNISH ; SWEDISH ; ITALIAN ; GREEK ;

DUTCH ; PORTUGUESE ; OTHER THAN COMMUNITY LANGUAGE ; KYRGYZ Author:

EUROPEAN COMMUNITY ; EUROPEAN COAL AND STEEL COMMUNITY ; EUROPEAN ATOMIC ENERGY COMMUNITY ; THE 15 MEMBER STATES ; BELGIUM ; DENMARK ;

FEDERAL REPUBLIC OF GERMANY ; GREECE ; SPAIN ; FRANCE ; IRELAND ;

ITALY ; AUSTRIA ; FINLAND ; SWEDEN ; LUXEMBOURG ; NETHERLANDS ;

PORTUGAL ; UNITED KINGDOM ; KYRGYZSTAN Subject matter: EXTERNAL RELATIONS ; COOPERATION ; PROVISIONS IMPLEMENTING ARTICLE 95 - ECSC ; PROVISIONS UNDER ARTICLE 235 EEC Directory code: 11406000 EUROVOC descriptor: EC cooperation agreement ; Kyrgyzstan ; ECSC ;

EAEC ; EC trade agreement ; customs duties Legal basis:

192E054-P2................ ADOPTION 192E057-P2................ ADOPTION 192E066................... ADOPTION 192E073C-P2............... ADOPTION 192E075................... ADOPTION 192E084-P2................ ADOPTION 192E099................... ADOPTION 192E100................... ADOPTION 192E113................... ADOPTION 192E235................... ADOPTION 192E228-P2F2.............. ADOPTION 192E228-P3L2.............. ADOPTION 151K095................... ADOPTION 157A101-L2................ ADOPTION Instruments cited:

294A1231(52)..............

294A1223(03)..............

294A1223(16)..............

185I244...................

185I081...................

185I244...................

185I249...................

185I280...................

396R1279..................

185I077...................

Amendment to:

290A0315(01)......AMENDMENT..... PARTIAL REPLACEMENT FR 1/7/99 Amended by:

ADOPTED-BY.... 399D0491..........

PARTNERSHIP AND COOPERATION AGREEMENT establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part 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 REPUBLIC OF AUSTRIA, THE PORTUGUESE REPUBLIC, THE REPUBLIC OF FINLAND, THE KINGDOM OF SWEDEN, 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 "Member States", and 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 KYRGYZ REPUBLIC, of the other part, CONSIDERING the links between the Community, its Member States and the Kyrgyz Republic and the common values that they share, RECOGNICING that the Community and the Kyrgyz Republic wish to strengthen these links and to establish partnership and cooperation which would strengthen and widen the relations established in the past in particular by the Agreement between the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist Republics on Trade and Commercial and Economic Cooperation, signed on 18 December 1989, CONSIDERING the commitment of the Community and its Member States and of the Kyrgyz Republic to strengthening the political and economic freedoms which constitute the very basis of the partnership, CONSIDERING the commitment of the Parties to promote international peace and security as well as the peaceful settlement of disputes and to cooperate to this end in the framework of the United Nations and the Conference on Security and Cooperation in Europe, CONSIDERING the firm commitment of the Community and its Member States and of the Kyrgyz Republic to the full implementation of all principles and provisions contained in the Final Act of the Conference on Security and Cooperation in Europe (CSCE), the Concluding Documents of the Madrid and Vienna Follow Up Meetings, the Document of the CSCE Bonn Conference on Economic Cooperation, the Charter of Paris for a New Europe and the CSCE Helsinki Document 1992 "The Challenges of Change", CONFIRMING the attachment of the Community and its Member States and

of the Kyrgyz Republic to the European Energy Charter, CONVINCED of the paramount importance of the rule of law and respect for human rights, particularly those of minorities, the establishment of a multi-party system with free and democratic elections and economic liberalisation aimed at setting up a market economy, BELIEVING that full implementation of this Partnership and Cooperation Agreement will both depend on and contribute to continuation and accomplishment of the political, economic and legal reforms in the Kyrgyz Republic, as well as the introduction of the factors necessary for cooperation, notably in the light of the conclusions of the CSCE Bonn Conference, DESIROUS of encouraging the process of regional cooperation in the areas covered by this agreement with the neighbouring countries in order to promote the prosperity and stability of the region, DESIROUS of establishing and developing regular political dialogue on bilateral and international issues of mutual interest, TAKING ACCOUNT of the Community's willingness to provide for economic cooperation and technical assistance as appropriate, BEARING IN MIND the economic and social disparities between the Community and the Kyrgyz Republic and in particular the fact that the Kyrgyz Republic is a developing and landlocked country, RECOGNISING that one of the major aims of the Agreement should be to facilitate the elimination of these disparities through Community assistance to the development and restructuring of the Kyrgyz economy, BEARING IN MIND the utility of the Agreement in favouring a gradual rapprochement between the Kyrgyz Republic and a wider area of cooperation in Europe and neighbouring regions and its progressive integration into the open international system, CONSIDERING the commitment of the Parties to liberalise trade, based on the principles contained in the General Agreement on Tariffs and Trade (GATT), CONSCIOUS of the need to improve conditions affecting business and investment, and conditions in areas such as establishment of companies, labour, provision of services and capital movements, CONVINCED that this Agreement will create a new climate for economic relations between the Parties and in particular for the development of trade and investment, which are essential to economic restructuring and technological modernisation, DESIROUS of establishing close cooperation in the area of environment protection taking into account the interdependence existing between the Parties in this field, BEARING IN MIND the intention of the Parties to develop their

cooperation in the field of space research in view of the complementarity of their activities in this area, DESIROUS of establishing cultural cooperation and improving the flow of information, HAVE AGREED AS FOLLOWS:

Article 1A Partnership is hereby established between the Community and its

Member States of the one part, and the Kyrgyz Republic of the other part. The objectives of this partnership are:

TITLE I

GENERAL PRINCIPLES

Article 2Respect for democracy, principles of international law and human

rights as defined in particular in the United Nations Charter, the Helsinki Final Act and the Charter of Paris for a New Europe, as well as the principles of market economy, including those enunciated in the documents of the CSCE Bonn Conference, underpin the internal and external policies of the Parties and constitute an essential element of partnership and of this Agreement.

Article 3The Parties consider that it is essential for the future prosperity

and stability of the region of the former Soviet Union that the newly independent states which have emerged from the dissolution of the Union of Soviet Socialist Republics, hereinafter called "Independent States", should maintain and develop cooperation among themselves in compliance with the principles of the Helsinki Final Act and with international law and spirit of good neighbourly relations and will make every effort to encourage this process.

TITLE II

POLITICAL DIALOGUE

Article 4A regular political dialogue shall be established between the

Parties which they intend to develop and intensify. It shall accompany and consolidate the rapprochement between the Community and the Kyrgyz Republic, support the political and economic changes underway in that country and contribute to the establishment of new forms of cooperation. The political dialogue:

Such dialogue may take place on a regional basis.

Article 5At ministerial level, political dialogue shall take place within the

Cooperation Council established in Article 75 and on other occasions by mutual agreement.

Article 6Other procedures and mechanisms for political dialogue shall be set

up by the Parties, and in particular in the following forms:

Article 7Political dialogue at parliamentary level shall take place within

the framework of the Parliamentary Cooperation Committee established in Article 80.

TITLE III

TRADE IN GOODS

Article 81. The Parties shall accord to one another most-favoured-nation

treatment in all areas in respect of:

Article 91. The Parties agree that the principle of free transit is an

essential condition of attaining the objectives of this Agreement.

In this connection each Party shall secure unrestricted transit via or through its territory of goods originating in the customs territory or destined for the customs territory of the other Party.

Article 10Without prejudice to the rights and obligations stemming from

international conventions on the temporary admission of goods which bind both Parties, each Party shall furthermore grant the other Party exemption from import charges and duties on goods admitted temporarily, in the instances and according to the procedures stipulated by any other international convention on this matter binding upon it, in conformity with its legislation. Account shall be taken of the conditions under which the obligations stemming from such a convention have been accepted by the Party in question.

Article 111. Goods originating in the Kyrgyz Republic shall be imported into

the Community free of quantitative restrictions without prejudice to the provisions of Articles 13, 16 and 17 of this Agreement and to the provisions of Articles 77, 81, 244, 249 and 280 of the Act of Accession of Spain and Portugal to the European Community.

Article 12

Goods shall be traded between the Parties at market-related prices.

Article 131. Where any product is being imported into the territory of one of

the Parties in such increased quantities or under such conditions as to cause or threaten to cause injury to domestic producers of like or direct competitive products, the Community or the Kyrgyz Republic, whichever is concerned, may take appropriate measures in accordance with the following procedures and conditions.

Article 14The Parties undertake to consider development of the provisions in

this Agreement on trade in goods between them, as circumstances allow, including the situation arising from the accession of the Kyrgyz Republic to the GATT. The Cooperation Council may make recommendations on such developments to the Parties which could be put into effect, where accepted, by virtue of agreement between the Parties in accordance with their respective procedures.

Article 15The Agreement shall not preclude prohibitions or restrictions on

imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of natural resources; the protection of national treasures of artistic, historic or archaeological value or the protection of intellectual, industrial and commercial property or rules relating to gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties.

Article 16This Title shall not apply to trade in textile products falling

under Chapters 50 to 63 of the Combined Nomenclature. Trade in these products shall be governed by a separate agreement, initialled on 15 October 1993 and applied provisionally since 1 January 1994.

Article 171. Trade in products covered by the Treaty establishing the European

Coal and Steel Community shall be governed by the provisions of this Title, with the exception of Article 11.

The contact group shall exchange, on a regular basis, information on all coal and steel matters of interest to the Parties.

Article 18Trade in nuclear materials shall be subject to the provisions of a

specific Agreement to be concluded between the European Atomic Energy Community and the Kyrgyz Republic.

TITLE IV

PROVISIONS AFFECTING BUSINESS AND INVESTMENT

CHAPTER I

LABOUR CONDITIONS

Article 191. Subject to the laws, conditions and procedures applicable in each

Member State, the Community and the Member States shall endeavour to ensure that the treatment accorded to Kyrgyz nationals, legally employed in the territory of a Member State shall be free from any discrimination based on nationality, as regards working conditions, remuneration or dismissal, as compared to its own nationals.

Article 20The Cooperation Council shall examine which joint efforts can be

made to control illegal immigration, taking into account the principle and practice of readmission.

Article 21The Cooperation Council shall examine which improvements can be made

in working conditions for business people consistent with the international commitments of the Parties, including those set out in the document of the CSCE Bonn Conference.

Article 22The Cooperation Council shall make recommendations for the

implementation of Articles 19, 20 and 21.

CHAPTER II

CONDITIONS AFFECTING THE ESTABLISHMENT AND OPERATION OF COMPANIES

Article 231. The Community and its Member States shall grant treatment no less

favourable than that accorded to any third country for the establishment of Kyrgyz companies as defined in Article 25 by means of the setting up of subsidiaries and branches and shall grant to subsidiaries and branches of Kyrgyz companies established in their territory treatment no less favourable than that accorded to any third country company or branch respectively, in respect of their operations, and this in conformity with their legislation and regulations.

Article 24

The provisions of Article 23 shall not apply to air transport, inland waterways and maritime transport.

Article 25For the purpose of this Agreement:

(a) a "Community company" or a "Kyrgyz company" respectively shall mean a company set up in accordance with the laws of a Member State or of the Kyrgyz Republic respectively and having its registered office or central administration, or principal place of business in the territory of the Community or the Kyrgyz Republic respectively.

However, should the company, set up in accordance with the laws of a Member State or the Kyrgyz Republic respectively, the company shall be considered a Community or Kyrgyz company respectively if its operations possess a real and continuous link with the economy of one of the Member States or the Kyrgyz Republic respectively; (b) "subsidiary" of a company shall mean a company which is effectively controlled by the first company; (c) "branch" of a company shall mean a place of business not having legal personality which has the appearance of permanency, such as the extension of a parent body, has a management and is materially equipped to negotiate business with third parties so that the latter, although knowing that there will if necessary be a legal link with the parent body, the head office of which is abroad, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension; (d) "establishment" shall mean the right of Community or Kyrgyz companies as referred to in point (a), to take up economic activities by means of the setting up and management of subsidiaries and branches in the Kyrgyz Republic or in the Community respectively; (e) "operation" shall mean the pursuit of economic activities; (f) "economic activities" shall mean activities of an industrial, commercial and professional character.

With regard to international maritime transport, including intermodal operations involving a sea leg, nationals of the Member States or of the Kyrgyz Republic established outside the Community or the Kyrgyz Republic respectively, and shipping companies established outside the Community or the Kyrgyz Republic and controlled by nationals of a Member State or Kyrgyz nationals respectively, shall also be beneficiaries of the provisions of this Chapter and Chapter III if their vessels are registered in that Member State or in the Kyrgyz Republic respectively in accordance with their respective legislation.

Article 261. Notwithstanding any other provisions of the Agreement, a Party

shall not be prevented from taking measures for prudential reasons, including for the protection of investors, depositors, policy holders or persons to whom a fiduciary duty is owed by a financial service supplier, or to ensure the integrity and stability of the financial system. Where such measures do not conform with the provisions of the Agreement, they shall not be used as a means of avoiding the obligations of a Party under the Agreement.

Article 27The provisions of this Agreement shall not prejudice the application

by each Party of any measure necessary to prevent the circumvention of its measures concerning third-country access to its market, through the provisions of this Agreement.

Article 281. Notwithstanding the provisions of Chapter I of this Title, a

Community company or a Kyrgyz company established in the territory of the Kyrgyz Republic or the Community respectively shall be entitled to employ, or have employed by one of its subsidiaries or branches, in accordance with the legislation in force in the host country of establishment, in the territory of the Kyrgyz Republic and the Community respectively, employees who are nationals of Community Member States and the Kyrgyz Republic respectively, provided that such employees are key personnel as defined in paragraph 2, and that they are employed exclusively by companies, or branches. The residence and work permits of such employees shall only cover the period of such employment.

Article 29The Parties recognise the importance of granting each other national

treatment with regard to the establishment and operation of each other's companies in their territories and agree to consider the possibility of movement towards this end on a mutually satisfactory basis, and in the light of any recommendations by the Cooperation Council.

Article 301. The Parties shall use their best endeavours to avoid taking any

measures or actions which render the conditions for the establishment and operation of each other's companies more restrictive than the situation existing on the day preceding the date of signature of the Agreement.

Article 38the situations covered by such Article 38 shall be

solely governed by its provisions to the exclusion of any other.

CHAPTER III

CROSS-BORDER SUPPLY OF SERVICES BETWEEN THE COMMUNITY AND THE KYRGYZ REPUBLIC

Article 311. The Parties undertake in accordance with the provisions of this

Chapter to take the necessary steps to allow progressively the supply of services by Community or Kyrgyz companies which are established in a Party other than that of the person for whom the services are intended taking into account the development of the service sectors in the Parties.

Article 32The Parties shall cooperate with the aim of developing a

market-oriented service sector in the Kyrgyz Republic.

Article 331. The Parties undertake to apply effectively the principle of

unrestricted access to the international maritime market and traffic on a commercial basis: (a) the above provision does not prejudice the rights and obligations arising from the United Nations Convention on a Code of Conduct for Liner Conferences, as applicable to one or other Contracting Party to this Agreement. Non-conference lines will be free to operate in competition with a conference as long as they adhere to the principle of fair competition on a commercial basis; (b) the Parties affirm their commitment to a freely competitive environment as being an essential feature of the dry and liquid bulk trade.

Article 34With a view to assuring a coordinated development of transport

between the Parties, adapted to their commercial needs, the conditions of mutual market access and provision of services in transport by road, rail and inland waterways and, if applicable, in air transport may be dealt with by specific agreements where appropriate negotiated between the Parties after entry into force of this Agreement.

CHAPTER IV

GENERAL PROVISIONS

Article 351. The provisions of this Title shall be applied subject to

limitations justified on grounds of public policy, public security or public health.

Article 36For the purpose of this Title, nothing in the Agreement shall

prevent the Parties from applying their laws and regulations regarding entry and stay, work, labour conditions and establishment of natural persons and supply of services, provided that, in so doing, they do not apply them in a manner as to nullify or impair the benefits accruing to any Party under the terms of a specific provision of the Agreement. The above provision does not prejudice the application of Article 35.

Article 37Companies which are controlled and exclusively owned by Kyrgyz

companies and Community companies jointly shall also be beneficiaries of the provisions of Chapters II, III and IV.

Article 38Treatment granted by either Party to the other thereunder shall, as

from the day one month prior to the date of entry into force of the relevant obligations of the General Agreement on Trade in Services (GATS), in respect of sectors or measures covered by the GATS, in no case be more favourable than that accorded by such first Party under the provisions of GATS and this in respect of each service sector, sub-sector and mode of supply.

Article 39For the purposes of Chapters II, III and IV, no account shall be

taken of treatment accorded by the Community, its Member States or the Kyrgyz Republic pursuant to commitments entered into in economic integration agreements in accordance with the principles of Article V of the GATS.

Article 401. The most-favoured-nation treatment granted in accordance with the

provisions of this Title shall not apply to the tax advantages which the Parties are providing or will provide in the future on the basis of agreements to avoid double taxation, or other tax arrangements.

Article 41Without prejudice to Article 28, no provision of Chapters II, III

and IV shall be interpreted as giving the right to:

CHAPTER V

CURRENT PAYMENTS AND CAPITAL

Article 421. The Parties undertake to authorise in freely convertible

currency, any payments on the current account of balance of payments between residents of the Community and of the Kyrgyz Republic connected with the movement of goods, services or persons made in accordance with the provisions of this Agreement.

CHAPTER VI

INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY PROTECTION

Article 431. Pursuant to the provisions of this Article and of Annex II, the

Kyrgyz Republic 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.

The Cooperation Council may decide to extend the above period, in the light of particular circumstances prevailing in the Kyrgyz Republic.

TITLE V

LEGISLATIVE COOPERATION

Article 441. The Parties recognise that an important condition for

strengthening the economic links between the Kyrgyz Republic and the Community is the approximation of Kyrgyz Republic's existing and future legislation to that of the Community. The Kyrgyz Republic shall endeavour to ensure that its legislation will be gradually made compatible with that of the Community.

TITLE VI

ECONOMIC COOPERATION

Article 451. The Community and the Kyrgyz Republic shall establish economic

cooperation aimed at contributing to the process of economic reform and recovery and sustainable development of the Kyrgyz Republic.

Such cooperation shall strengthen existing economic links, to the benefit of both parties.

Article 46Industrial cooperation

Article 47Investment promotion and protection

Article 48Public procurement

The Parties shall cooperate to develop conditions for open and competitive award of contracts for goods and services in particular through calls for tenders.

Article 49Cooperation in the field of standards and conformity assessment

Article 50Mining and raw materials

Article 51Cooperation in science and technology

Where such cooperation takes the form of activities involving education and/or training, it should be carried out in accordance with the provisions of Article 52.

The Parties, on the basis of mutual agreement, can engage in other forms of cooperation in science and technology.

In carrying out such cooperation activities, special attention shall be devoted to the redeployment of scientists, engineers, researchers and technicians which are or have been engaged in research and/or production of weapons of mass destruction.

Article 52Education and training

Article 53Agriculture and the agro-industrial sector

The purpose of cooperation in this area shall be the pursuance of agrarian reform, the modernisation, privatisation and restructuring of agriculture, the agro-industrial and service sectors in the Kyrgyz Republic, development of domestic and foreign markets for the Kyrgyz products, in conditions that ensure the protection of the environment, taking into account the necessity to improve security of food supply as well as the development of agri-business, the processing and distribution of agricultural products. The Parties shall also aim at the gradual approximation of Kyrgyz standards to Community technical regulations concerning industrial and agricultural food products including sanitary and phytosanitary standards.

Article 54Energy

Article 55Environment

Article 56Transport

The Parties shall develop and strengthen their cooperation in the field of transport.

This cooperation shall, inter alia, aim at restructuring and modernising transport systems and networks in the Kyrgyz Republic, and developing and ensuring, where appropriate, compatibility of transportation systems in the context of achieving a more global transport system.

The cooperation shall include, inter alia:

Article 57Postal services and telecommunications

Within their respective powers and competences the Parties shall expand and strengthen cooperation in the following areas:

Article 58Financial services

Cooperation shall in particular aim at facilitating the involvement of the Kyrgyz Republic in universally accepted systems of mutual settlements. Technical assistance shall focus on:

This cooperation shall in particular contribute to foster the development of relations between the Kyrgyz Republic and the Member States in the financial services sector.

Article 59Money laundering

Article 60Regional development

They shall also encourage direct contacts between the respective regions and public organisations responsible for regional development planning with the aim, inter alia, to exchange methods and ways of fostering regional development.

Article 61Social cooperation

The cooperation shall include notably:

These reforms shall aim to develop in the Kyrgyz Republic methods of protection intrinsic to market economies and shall comprise all directions of social protection.

Article 62Tourism

The Parties shall increase and develop cooperation between them, which shall include:

Article 63Small and medium-sized enterprises

Article 64Information and communication

The Parties shall support the development of modern methods of information handling, including the media, and stimulate the effective mutual exchange of information. Priority shall be given to programmes aimed at providing the general public with basic information about the Community and the Kyrgyz Republic, including, where possible, access to databases, in full respect of intellectual property rights.

Article 65Consumer protection

The Parties will enter into close cooperation aimed at achieving compatibility between their systems of consumer protection. This cooperation may include the exchange of information on legislative work and institutional reform, establishment of permanent systems of mutual information on dangerous products, the improvement of information provided to consumers especially on prices, characteristics of products and services offered, the development of exchanges between the consumer interest representatives, and increasing the compatibility of consumer protection policies, and the organisation of seminars and training periods.

Article 66Customs

Technical assistance shall be provided where necessary.

Article 67Statistical cooperation

Cooperation in this area shall have as its aim the development of an efficient statistical system to provide the reliable statistics needed to support and monitor the process of economic reform and contribute to the development of private enterprise in the Kyrgyz Republic.

The Parties, in particular, shall cooperate in the following fields:

The Community shall contribute to this end by rendering technical assistance to the Kyrgyz Republic.

Article 68Economics

The Parties shall facilitate the process of economic reform and the coordination of economic policies by cooperating to improve understanding of the fundamentals of their respective economies and the design and implementation of economic policy in market economies. To this end, the Parties shall exchange information on macroeconomic performance and prospects.

The Community shall provide technical assistance so as to:

Article 69Drugs

Within the framework of their respective powers and competencies the Parties shall cooperate in increasing the effectiveness and efficiency of policies and measures to counter the illicit production, supply and traffic of narcotic drugs and psychotropic substances, including the prevention of diversion of precursor chemicals, as well as in promoting drug demand prevention and reduction. The cooperation in this area shall be based on mutual consultation and close coordination between the Parties over the objectives and measures on the various drug-related fields.

TITLE VII

CULTURAL COOPERATION

Article 70The Parties undertake to promote, encourage and facilitate cultural

cooperation. Where appropriate, the Community's cultural cooperation programmes or those of one or more Member States may be the subject of cooperation and further activities of mutual interest may be developed.

TITLE VIII

FINANCIAL COOPERATION IN THE FIELD OF TECHNICAL ASSISTANCE

Article 71In order to achieve the objectives of this Agreement and in

accordance with Articles 72, 73 and 74 the Kyrgyz Republic shall benefit from temporary financial assistance from the Community by way of technical assistance in the form of grants to accelerate the economic transformation of the Kyrgyz Republic.

Article 72This financial assistance shall be covered within the framework of

TACIS as foreseen in the Community's relevant Council Regulation.

Article 73The objectives and the areas of the Community's financial assistance

shall be laid down in an indicative programme reflecting established priorities to be agreed between the two Parties taking into account the Kyrgyz Republic's needs, sectoral absorption capacities and progress with reform. The Parties shall inform the Cooperation Council thereof.

Article 74In order to permit optimum use of the resources available, the

Parties shall ensure that Community technical assistance contributions are made in close coordination with those from other sources such as the Member States, other countries, and international organisations such as the International Bank for Reconstruction and Development and the European Bank for Reconstruction and Development.

TITLE IX

INSTITUTIONAL, GENERAL AND FINAL PROVISIONS

Article 75A Cooperation Council is hereby established which shall supervise

the implementation of this Agreement. It shall meet at ministerial level once a year. It shall examine any major issues arising within the framework of the Agreement and any other bilateral or international issues of mutual interest for the purpose of attaining the objectives of this Agreement. The Cooperation Council may also make appropriate recommendations, by agreement between the two Parties.

Article 761. The Cooperation Council shall consist of the members of the

Council of the European Union and members of the Commission of the European Communities, on the one hand, and of members of the Government of the Kyrgyz Republic, on the other.

Article 771. The Cooperation Council shall be assisted in the performance of

its duties by a Cooperation Committee composed of representatives of the members of the Council of the European Union and of members of the Commission of the European Communities on the one hand and of representatives of the Government of the Kyrgyz Republic on the other, normally at senior civil servant level. The office of President of the Cooperation Committee shall be held alternately by the Community and by the Kyrgyz Republic.

In its rules of procedure the Cooperation Council shall determine the duties of the Cooperation Committee, which shall include the preparation of meetings of the Cooperation Council, and how the Committee shall function.

Article 78The Cooperation Council may decide to set up any other special

committee or body that can assist it in carrying out its duties and shall determine the composition and duties of such committees or bodies and how they shall function.

Article 79When examining any issue arising within the framework of this

Agreement in relation to a provision referring to an article of the GATT, the Cooperation Council shall take into account to the greatest extent possible the interpretation that is generally given to the article of the GATT in question by the Contracting Parties to the GATT.

Article 80A Parliamentary Cooperation Committee is hereby established. It

shall be a forum for Members of the Kyrgyz Parliament and the European Parliament to meet and exchange views. It shall meet at intervals which it shall itself determine.

Article 811. The Parliamentary Cooperation Committee shall consist of members

of the European Parliament, on the one hand, and of members of the Kyrgyz Parliament, on the other.

Article 82The Parliamentary Cooperation Committee may request relevant

information regarding the implementation of this Agreement from the Cooperation Council, which shall then supply the Committee with the requested information.

The Parliamentary Cooperation Committee shall be informed of the recommendations of the Cooperation Council.

The Parliamentary Cooperation Committee may make recommendations to the Cooperation Council.

Article 831. Within the scope of this Agreement, each Party undertakes to

ensure that natural and legal persons of the other Party have access free of discrimination in relation to its own nationals to the competent courts and administrative organs of the Parties to defend their individual rights and their property rights, including those concerning intellectual, industrial and commercial property.

Article 84Nothing in the Agreement shall prevent a Party from taking any

measures: (a) which it considers necessary to prevent the disclosure of information contrary to its essential security interests; (b) which relate to the production of, or trade in arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes; (c) which it considers essential to its own security in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security; (d) which it considers necessary to respect its international obligations and commitments in the control of dual-use industrial goods and technology.

Article 851. In the fields covered by this Agreement and without prejudice to

any special provisions contained therein:

Article 861. Each of the two Parties may refer to the Cooperation Council any

dispute relating to the application or interpretation of this Agreement.

The Cooperation Council shall appoint a third conciliator.

The conciliators' recommendations shall be taken by majority vote.

Such recommendations shall not be binding upon the Parties.

Article 87The Parties agree to consult promptly through appropriate channels

at the request of either Party to discuss any matter concerning the interpretation or implementation of this Agreement and other relevant aspects of the relations between the Parties.

The provisions of this Article shall in no way affect and are without prejudice to Articles 13, 86 and 92.

Article 88Treatment granted to the Kyrgyz Republic thereunder shall in no case

be more favourable than that granted by the Member States to each other.

Article 89For the purposes of this Agreement, the term "Parties" shall mean

the Kyrgyz Republic on the one part, and the Community, or the Member States, or the Community and the Member States, in accordance with their respective powers, on the other part.

Article 90In so far as matters covered by this Agreement are covered by the

Energy Charter Treaty and Protocols thereto, such Treaty and Protocols shall upon entry into force apply to such matters but only to the extent that such application is provided for therein.

Article 91This Agreement is concluded for an initial period of 10 years. The

Agreement shall be automatically renewed year by year provided that neither Party gives the other Party written notice of denunciation of the Agreement six months before it expires.

Article 921. The Parties shall take any general or specific measures required

to fulfil their obligations under the Agreement. They shall see to it that the objectives set out in the Agreement are attained.

In the selection of these measures, priority must be given to those which least disturb the functioning of the Agreement. These measures shall be notified immediately to the Cooperation Council if the other Party so requests.

Article 93Annexes I and II together with the Protocol shall form an integral

part of this Agreement.

Article 94This Agreement shall not, until equivalent rights for individuals

and economic operators have been achieved thereunder, affect rights assured to them through existing Agreements binding one or more Member States, on the one hand, and the Kyrgyz Republic, on the other, except in areas falling within Community competence and without prejudice to the obligations of Member States resulting from this Agreement in areas falling within their competence.

Article 95This Agreement shall apply, on the one hand, to the territories in

which the Treaties establishing the European Community, the European Coal and Steel Community and the European Atomic Energy Community are applied and under the conditions laid down in those Treaties and, on the other hand, to the territory of the Kyrgyz Republic.

Article 96The Secretary-General of the Council of the European Union shall be

the depository of this Agreement.

Article 97

The original of this Agreement, of which the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish, Kyrgyz and Russian languages are equally authentic, shall be deposited with the Secretary-General of the Council of the European Union.

Article 98This Agreement will be approved by the Parties in accordance with

their own procedures.

This Agreement shall enter into force on the first day of the second month following the date on which the Parties notify the Secretary-General of the Council of the European Union that the procedures referred to in the first paragraph have been completed.

Upon its entry into force, and as far as relations between the Kyrgyz Republic and the Community are concerned, this Agreement shall replace the Agreement between the European Economic Community, the European Atomic Energy Community and the Union of Soviet Socialist Republics on trade and economic and commercial cooperation signed in Brussels on 18 December 1989.

Article 99In the event that, pending the completion of the procedures

necessary for the entry into force of this Agreement, the provisions of certain parts of this Agreement are put into effect in 1994 by means of an Interim Agreement between the Community and the Kyrgyz Republic, the Contracting Parties agree that, in such circumstances, the term "date of entry into force of the Agreement" shall mean the date of entry into force of the Interim Agreement.

Hecho en Bruselas, el nueve de febrero de mil novecientos noventa y cinco.

Udfördiget i Bruxelles, den niende februar nitten hundrede og femoghalvfems.

Geschehen zu BrŽssel am neunten Februar neunzehnhundertfŽnfundneunzig. >ISO_7>øółżõ ėĮłĖ ĀęįžąūūõĖ, ėĮłĖ õżżąń Öõņę˙įńęč˙į ščūłń õżżłńśŽėłń õżõżČżĮń ĘążĮõ. >ISO_1>Done at Brussels, on the ninth day of February in the year one thousand nine hundred and ninety-five.

Fait š Bruxelles, le neuf fłvrier mil neuf cent quatre-vingt-quinze.

Fatto a Bruxelles, addü nove febbraio millenovecentonovantacinque.

Gedaan te Brussel, de negende februari negentienhonderd vijfennegentig.

Feito em Bruxelas, em nove de Fevereiro de mil novecentos e noventa e cinco.

Tehty Brysselissō yhdeksōntenō pōivōnō helmikuuta vuonna tuhatyhdeksōnsataayhdeksōnkymmentōviisi.

Som skedde i Bryssel den nionde februari nittonhundranittiofem. >PIC FILE= "L_1999196EN.007001.TIF"> Pour le Royaume de Belgique/Voor het Koninkrijk Belgiū/FŽr das KŠnigreich Belgien >PIC FILE= "L_1999196EN.007101.TIF"> Põ Kongeriget Danmarks vegne >PIC FILE= "L_1999196EN.007102.TIF"> FŽr die Bundesrepublik Deutschland >PIC FILE= "L_1999196EN.007103.TIF"> >ISO_7>Ćłń Į÷ż Åūū÷żłśČ Ä÷ü˙śęńĮčń >ISO_1>> PIC FILE= "L_1999196EN.007104.TIF"> Por el Reino de Espaęa >PIC FILE= "L_1999196EN.007105.TIF"> Pour la Rłpublique fran÷aise >PIC FILE= "L_1999196EN.007201.TIF"> Thar cheann Na hÉireann/For Ireland >PIC FILE= "L_1999196EN.007202.TIF"> Per la Repubblica italiana >PIC FILE= "L_1999196EN.007203.TIF"> Pour le Grand-Duchł de Luxembourg >PIC FILE= "L_1999196EN.007204.TIF"> Voor het Koninkrijk der Nederlanden >PIC FILE= "L_1999196EN.007205.TIF"> FŽr die Republik Österreich >PIC FILE= "L_1999196EN.007301.TIF"> Pela RepŪblica Portuguesa >PIC FILE= "L_1999196EN.007302.TIF"> Suomen tasavallan puolesta >PIC FILE= "L_1999196EN.007303.TIF"> FŠr Konungariket Sverige >PIC FILE= "L_1999196EN.007304.TIF"> For the United Kingdom of Great Britain and Northern Ireland >PIC FILE= "L_1999196EN.007305.TIF"> Por las Comunidades Europeas For De Europöiske Föllesskaber FŽr die Europōischen Gemeinschaften >ISO_7>Ćłń ĮłĖ ÅįęųĘńŪśąĖ Ź˙łżŽĮ÷ĮõĖ >ISO_1>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 >PIC FILE= "L_1999196EN.007401.TIF"> >PIC FILE= "L_1999196EN.007402.TIF"> >PIC FILE= "L_1999196EN.007403.TIF"> LIST OF DOCUMENTS ATTACHED >TABLE POSITION> ANNEX I INDICATIVE LIST OF ADVANTAGES GRANTED BY THE KYRGYZ REPUBLIC TO THE INDEPENDENT STATES IN ACCORDANCE WITH ARTICLE 8(3) 1. All Independent States:

No import duties are implemented except for alcohol and tobacco products.

No export duties are implemented as regards goods delivered under clearing and interstate agreements within the volumes stipulated in these agreements.

No VAT is applied on export and import. No excise is applied on export.

No export quotas are implemented.

Payments could be made in roubles.

All Independent States:

Special system of non-commercial operations, including payments resulting from these operations.

Special system of current payments.

Special conditions of transit.

Special conditions of customs procedures.

ANNEX II INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY CONVENTIONS REFERRED TO IN ARTICLE 43 1. Paragraph 2 of Article 43 concerns the following multilateral conventions:

PROTOCOL on mutual assistance between administrative authorities in customs matters

Article 1Definitions

For the purposes of this Protocol: (a) "customs legislation" shall mean provisions applicable in the territories of the Parties 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.

Article 2Scope

Nor shall it cover information obtained under powers exercised at the request of the judicial authority, unless those authorities so agree.

Article 3Assistance on request

Article 4Spontaneous assistance

The Parties shall provide each other, in accordance with their laws, rules and other legal instruments, with assistance if they consider that to be necessary for the correct application of customs legislation, particularly when they obtain information pertaining to:

Article 5Delivery/notification

At the request of the applicant authority, the requested authority shall in accordance with its legislation take all necessary measures

Article 6Form and substance of requests for assistance

Documents 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.

Article 7Execution of requests

Article 8Form in which information is to be communicated

Article 9Exceptions to the obligation to provide assistance

Article 10Obligation to observe confidentiality

Article 11Use of information

Article 12Experts and witnesses

An official of a requested authority may be authorised to appear, within the limitations of the authorisation 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.

Article 13Assistance expenses

The 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.

Article 14Implementation

They may recommend to the competent bodies amendments which they consider be made to this Protocol.

Article 15Complementarity

FINAL 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 REPUBLIC OF AUSTRIA, THE PORTUGUESE REPUBLIC, THE REPUBLIC OF FINLAND, THE KINGDOM OF SWEDEN, 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 the KYRGYZ REPUBLIC, of the other part, meeting at Brussels on 9 February in the year one thousand nine hundred and ninety-five 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 the Kyrgyz Republic, of the other part, hereinafter referred to as the Agreement, have adopted the following texts: the Agreement, including its Annexes, and the following Protocol:

Protocol on mutual assistance between administrative authorities in customs matters.

The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of the Kyrgyz Republic have adopted the texts of the Joint Declarations listed below and annexed to this Final Act:

Joint Declaration concerning Article 23 of the Agreement Joint Declaration concerning the notion of "control" in Article 25(b) and Article 37 of the Agreement Joint Declaration concerning Article 43 of the Agreement Joint Declaration concerning Article 92 of the Agreement.

The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of the Kyrgyz Republic have further taken note of the Declaration by the French Government annexed to this Final Act:

Declaration by the French Government on its overseas countries and territories.

Hecho en Bruselas, el nueve de febrero de mil novecientos noventa y cinco.

Udfördiget i Bruxelles, den niende februar nitten hundrede og femoghalvfems.

Geschehen zu BrŽssel am neunten Februar neunzehnhundertfŽnfundneunzig. >ISO_7>øółżõ ėĮłĖ ĀęįžąūūõĖ, ėĮłĖ õżżąń Öõņę˙įńęč˙į ščūłń õżżłńśŽėłń õżõżČżĮń ĘążĮõ. >ISO_1>Done at Brussels, on the ninth day of February in the year one thousand nine hundred and ninety-five.

Fait š Bruxelles, le neuf fłvrier mil neuf cent quatre-vingt-quinze.

Fatto a Bruxelles, addü nove febbraio millenovecentonovantacinque.

Gedaan te Brussel, de negende februari negentienhonderd vijfennegentig.

Feito em Bruxelas, em nove de Fevereiro de mil novecentos e noventa e cinco.

Tehty Brysselissō yhdeksōntenō pōivōnō helmikuuta vuonna tuhatyhdeksōnsataayhdeksōnkymmentōviisi.

Som skedde i Bryssel den nionde februari nittonhundranittiofem. >PIC FILE= "L_1999196EN.008301.TIF"> Pour le Royaume de Belgique/Voor het Koninkrijk Belgiū/FŽr das KŠnigreich Belgien >PIC FILE= "L_1999196EN.008401.TIF"> Põ Kongeriget Danmarks vegne >PIC FILE= "L_1999196EN.008402.TIF"> FŽr die Bundesrepublik Deutschland >PIC FILE= "L_1999196EN.008403.TIF"> >ISO_7>Ćłń Į÷ż Åūū÷żłśČ Ä÷ü˙śęńĮčń >ISO_1>> PIC FILE= "L_1999196EN.008404.TIF"> Por el Reino de Espaęa >PIC FILE= "L_1999196EN.008405.TIF"> Pour la Rłpublique fran÷aise >PIC FILE= "L_1999196EN.008501.TIF"> Thar cheann Na hÉireann/For Ireland >PIC FILE= "L_1999196EN.008502.TIF"> Per la Repubblica italiana >PIC FILE= "L_1999196EN.008503.TIF"> Pour le Grand-Duchł de Luxembourg >PIC FILE= "L_1999196EN.008504.TIF"> Voor het Koninkrijk der Nederlanden >PIC FILE= "L_1999196EN.008505.TIF"> FŽr die Republik Österreich >PIC FILE= "L_1999196EN.008601.TIF"> Pela RepŪblica Portuguesa >PIC FILE= "L_1999196EN.008602.TIF"> Suomen tasavallan puolesta >PIC FILE= "L_1999196EN.008603.TIF"> FŠr Konungariket Sverige >PIC FILE= "L_1999196EN.008604.TIF"> For the United Kingdom of Great Britain and Northern Ireland >PIC FILE= "L_1999196EN.008605.TIF"> Por las Comunidades Europeas For De Europöiske Föllesskaber FŽr die Europōischen Gemeinschaften >ISO_7>Ćłń ĮłĖ ÅįęųĘńŪśąĖ Ź˙łżŽĮ÷ĮõĖ >ISO_1>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 >PIC FILE= "L_1999196EN.008701.TIF"> >PIC FILE= "L_1999196EN.008702.TIF"> >PIC FILE= "L_1999196EN.008703.TIF"> Joint Declaration concerning Article 23 Without prejudice to the provisions of Articles 38 and 41, the Parties agree that the words "in conformity with their legislation and regulations" mentioned in paragraphs 1 and 2 of Article 23 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, branches or subsidiaries of companies of any third country.

Joint Declaration concerning the notion of "control" in Article 25(b) and Article 37 1. The Parties confirm their mutual understanding that the question of control shall depend on the factual circumstances of the particular case.

Joint Declaration concerning Article 43 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 10a of the Paris Convention for the Protection of Industrial Property and Protection of Undisclosed Information on Know-how.

Joint Declaration concerning Article 92 The Parties agree, for the purpose of its correct interpretation and its practical application, that the term "cases of special urgency" included in Article 92 of the Agreement means 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

Article 2Declaration by the French Government

The French Republic notes that the Partnership and Cooperation Agreement with the Kyrgyz Republic does not apply to the overseas countries and territories associated with the European Community pursuant to the Treaty establishing the European Community.