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Document 01999A0917(01)-20091101
PARTNERSHIP AND COOPERATION AGREEMENT between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part
Consolidated text: PARTNERSHIP AND COOPERATION AGREEMENT between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part
PARTNERSHIP AND COOPERATION AGREEMENT between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part
ELI: http://data.europa.eu/eli/agree_internation/1999/614/2009-11-01
01999A0917(01) — EN — 01.11.2009 — 001.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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PARTNERSHIP AND COOPERATION AGREEMENT (OJ L 246 17.9.1999, p. 3) |
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L 185 |
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6.7.2006 |
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L 17 |
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24.1.2007 |
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L 62 |
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6.3.2009 |
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PARTNERSHIP AND COOPERATION AGREEMENT
between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, 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 REPUBLIC OF AZERBAIJAN,
of the other part,
CONSIDERING the links between the Community, its Member States and the Republic of Azerbaijan and the common values that they share,
RECOGNISING that the Community and the Republic of Azerbaijan 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, which, since the dissolution of the USSR, applies mutatis mutandisto bilateral relations between the European Communities and each of the Independent States,
CONSIDERING the commitment of the Community and its Member States and of the Republic of Azerbaijan to strengthening the political and economic freedoms which constitute the very basis of the partnership,
RECOGNISING in that context that support of the independence, sovereignty and territorial integrity of the Republic of Azerbaijan will contribute to the safeguarding of peace and stability in Europe,
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 Organisation for Security and Cooperation in Europe (OSCE),
DESIROUS of encouraging the process of regional cooperation in the areas covered by this Agreement with neighbouring countries in order to promote the prosperity and stability of the region and in particular initiatives aimed at fostering cooperation and mutual confidence among Independent States of the Transcaucasus region and other neighbouring States,
CONSIDERING the firm commitment of the Community and its Member States and of the Republic of Azerbaijan 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’, and other fundamental documents of the OSCE,
CONVINCED of the paramount importance of the rule of law and respect for human rights, particularly those of persons belonging to minorities, the establishment of a multiparty 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 Republic of Azerbaijan, 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 establishing and developing regular political dialogue on bilateral, regional and international issues of mutual interest,
RECOGNISING AND SUPPORTING the wish of the Republic of Azerbaijan to establish close cooperation with European Institutions,
CONSIDERING the necessity of promoting investment in the Republic of Azerbaijan, including in the energy sector, and in this context the importance attached by the Community and its Member States to equitable conditions for access to and transit for export of energy products; confirming the attachment of the Community and its Member States and of the Republic of Azerbaijan to the European Energy Charter, and to the full implementation of the Energy Charter Treaty and the Energy Charter Protocol on energy efficiency and related environmental aspects,
TAKING ACCOUNT of the Community's willingness to provide for economic cooperation and technical assistance as appropriate,
BEARING IN MIND the utility of the Agreement in favouring a gradual rapprochement between the Republic of Azerbaijan 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, in conformity with World Trade Organisation (WTO) rules,
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,
RECOGNISING that cooperation for the prevention and control of illegal immigration constitutes one of the primary objectives of this Agreement,
DESIROUS of establishing cultural cooperation and improving the flow of information,
HAVE AGREED AS FOLLOWS:
Article 1
A partnership is hereby established between the Community and its Member States of the one part, and the Republic of Azerbaijan, of the other part. The objectives of this partnership are:
TITLE I
GENERAL PRINCIPLES
Article 2
Respect 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 essential elements of partnership and of this Agreement.
Article 3
The Parties consider that it is essential for their future prosperity and stability 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 in the spirit of good neighbourly relations and will make every effort to encourage this process.
Article 4
The Parties shall as appropriate review changing circumstances in the Republic of Azerbaijan, in particular regarding economic conditions there and implementation of market-oriented economic reforms. The Cooperation Council may make recommendations to the Parties concerning development of any part of this Agreement in the light of these circumstances.
TITLE II
POLITICAL DIALOGUE
Article 5
A 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 Republic of Azerbaijan, 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, with a view to contributing towards the resolution of regional conflicts and tensions.
Article 6
At ministerial level, political dialogue shall take place within the Cooperation Council established in Article 81 and on other occasions by mutual agreement.
Article 7
Other procedures and mechanisms for political dialogue shall be set up by the Parties, and in particular in the following forms:
Article 8
Political dialogue at parliamentary level shall take place within the framework of the Parliamentary Cooperation Committee established in Article 86.
TITLE III
TRADE IN GOODS
Article 9
The Parties shall accord to one another most-favoured-nation treatment in all areas in respect of:
The provisions of paragraph 1 shall not apply to:
advantages granted with the aim of creating a customs union or a free-trade area or pursuant to the creation of such a union or area;
advantages granted to particular countries in accordance with WTO rules and with other international arrangements in favour of developing countries;
advantages accorded to adjacent countries in order to facilitate frontier traffic.
Article 10
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 11
Without 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 12
Article 13
Goods shall be traded between the Parties at market-related prices.
Article 14
Article 15
The 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 Republic of Azerbaijan to the WTO. 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 16
This 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 17
This 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 18 December 1995 and applied provisionally as from 1 January 1996.
Article 18
The contact group shall exchange, on a regular basis, information on all coal and steel matters of interest to the Parties.
Article 19
Trade in nuclear materials will be conducted in accordance with the provisions of the Treaty establishing the European Atomic Energy Community. If necessary, trade in nuclear materials shall be subject to the provisions of a specific Agreement to be concluded between the European Atomic Energy Community and the Republic of Azerbaijan.
TITLE IV
PROVISIONS AFFECTING BUSINESS AND INVESTMENT
CHAPTER I
LABOUR CONDITIONS
Article 20
Article 21
The 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 22
The Cooperation Council shall make recommendations for the implementation of Articles 20 and 21.
CHAPTER II
CONDITIONS AFFECTING THE ESTABLISHMENT AND OPERATION OF COMPANIES
Article 23
Article 24
Such activities include but are not limited to:
marketing and sales of maritime transport and related services through direct contact with customers, from quotation to invoicing, whether these services are operated or offered by the service supplier itself or by service suppliers with which the service seller has established standing business arrangements;
purchase and use, on their own account or on behalf of their customers (and the resale to their customers) of any transport and related services, including inward transport services by any mode, particularly inland waterways, road and rail, necessary for the supply of an integrated service;
preparation of documentation concerning transport documents, customs documents, or other documents related to the origin and character of the goods transported;
provision of business information by any means, including computerised information systems and electronic data interchange (subject to any non-discriminatory restrictions concerning telecommunications);
setting up of any business arrangement, including participation in the company's stock and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the relevant provisions of this Agreement), with any locally established shipping agency;
acting on behalf of the companies, inter alia in organising the call of the vessel or taking over cargoes when required.
Article 25
For the purpose of this Agreement:
a ‘Community Company’ or an ‘Azerbaijani company’ respectively shall mean a company set up in accordance with the laws of a Member State or of the Republic of Azerbaijan respectively and having its registered office or central administration, or principal place of business in the territory of the Community or the Republic of Azerbaijan respectively. However, should the company, set up in accordance with the laws of a Member State or the Republic of Azerbaijan respectively, have only its registered office in the territory of the Community or the Republic of Azerbaijan respectively, the company shall be considered a Community or Azerbaijani company respectively if its operations possess a real and continuous link with the economy of one of the Member States or the Republic of Azerbaijan respectively;
‘subsidiary’ of a company shall mean a company which is effectively controlled by the first company;
‘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;
‘establishment’ shall mean the right of Community or Azerbaijani companies, as referred to in point (a), to take up economic activities by means of the setting up of subsidiaries and branches in the Republic of Azerbaijan or in the Community respectively;
‘operation’ shall mean the pursuit of economic activities;
‘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 Republic of Azerbaijan established outside the Community or the Republic of Azerbaijan respectively, and shipping companies established outside the Community or the Republic of Azerbaijan and controlled by nationals of a Member State or Azerbaijani 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 Republic of Azerbaijan respectively in accordance with their respective legislation.
Article 26
Article 27
The 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 28
Key personnel of the abovementioned companies, herein referred to as ‘organisations’ are ‘intra-corporate transferees’ as defined in (c) in the following categories, provided that the organisation is a legal person and that the persons concerned have been employed by it or have been partners in it (other than majority shareholders), for at least the year immediately preceding such movement:
persons working in a senior position with an organisation, who primarily direct the management of the establishment, receiving general supervision or direction principally from the board of directors or stockholders of the business or their equivalent, including:
persons working within an organisation who possess uncommon knowledge essential to the establishment's service, research equipment, techniques or management. The assessment of such knowledge may reflect, apart from knowledge specific to the establishment, a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession;
an ‘intra-corporate transferee’ is defined as a natural person working within an organisation in the territory of a Party, and being temporarily transferred in the context of pursuit of economic activities in the territory of the other Party; the organisation concerned must have its principal place of business in the territory of a Party and the transfer be to an establishment (branch, subsidiary) of that organisation, effectively pursuing like economic activities in the territory of the other Party.
Article 29
CHAPTER III
CROSS-BORDER SUPPLY OF SERVICES BETWEEN THE COMMUNITY AND THE REPUBLIC OF AZERBAIJAN
Article 30
Article 31
The Parties shall cooperate with the aim of developing a market-oriented service sector in the Republic of Azerbaijan.
Article 32
The Parties undertake to apply effectively the principle of unrestricted access to the international maritime market and traffic on a commercial basis:
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;
the Parties affirm their commitment to a freely competitive environment as being an essential feature of the dry and liquid bulk trade.
In applying the principles of paragraph 1, the Parties shall:
not apply, as from the entry into force of this Agreement, any cargo sharing provisions of bilateral agreements between any Member States of the Community and the former Soviet Union;
not introduce cargo-sharing clauses into future bilateral agreements with third countries, other than in those exceptional circumstances where liner shipping companies from one or other Party to this Agreement would not otherwise have an effective opportunity to ply for trade to and from the third country concerned;
prohibit cargo sharing arrangements in future bilateral agreements concerning dry and liquid bulk trade;
abolish upon entry into force of this Agreement, all unilateral measures, administrative, technical and other obstacles which could have restrictive or discriminatory effects on the free supply of services in international maritime transport.
Article 33
With 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 34
Article 35
For the purpose of this Title, nothing in this 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 this Agreement. The above provision does not prejudice the application of Article 34.
Article 36
Companies which are controlled and exclusively owned by Azerbaijani companies and Community companies jointly shall also be beneficiaries of the provisions of Chapters II, III and IV.
Article 37
Treatment 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, subsector and mode of supply.
Article 38
For the purposes of Chapters II, III and IV, no account shall be taken of treatment accorded by the Community, its Member States or the Republic of Azerbaijan pursuant to commitments entered into in economic integration agreements in accordance with the principles of Article V of the GATS.
Article 39
Article 40
Without 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 41
CHAPTER VI
INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY PROTECTION
Article 42
TITLE V
LEGISLATIVE COOPERATION
Article 43
The Community shall provide the Republic of Azerbaijan with technical assistance for the implementation of these measures, which may include inter alia:
TITLE VI
ECONOMIC COOPERATION
Article 44
Article 45
Cooperation in the field of trade in goods and services
The Parties will cooperate with a view to ensuring that the Republic of Azerbaijan's international trade is conducted in conformity with the rules of the WTO.
Such cooperation shall include specific issues directly relevant to trade facilitation, including:
Article 46
Industrial Cooperation
Cooperation shall aim at promoting the following in particular:
Article 47
Construction
The Parties shall cooperate in the field of construction industry.
This cooperation shall, inter alia, aim at modernising and restructuring the construction sector in the Republic of Azerbaijan in line with the principles of a market economy and duly taking into account related health, safety and environmental aspects.
Article 48
Investment promotion and protection
The aims of cooperation shall be in particular:
Article 49
Public 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 50
Cooperation in the field of standards and conformity assessment
To this end the Parties shall seek to cooperate in technical assistance projects which will:
Article 51
Mining and raw materials
The cooperation shall focus in particular on the following areas:
Article 52
Cooperation in science and technology
Science and technology cooperation shall cover:
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 53.
The Parties, on the basis of mutual agreement, can engage in other forms of cooperation in science and technology.
Article 53
Education and training
The cooperation shall focus in particular on the following areas:
Article 54
Agriculture 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 Republic of Azerbaijan, development of domestic and foreign markets for Azerbaijani 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 agribusiness, the processing and distribution of agricultural products. The Parties shall also aim at the gradual approximation of Azerbaijani standards to Community technical regulations concerning industrial and agricultural food products including sanitary and phytosanitary standards.
Article 55
Energy
The cooperation shall include among others the following areas:
Article 56
Environment
Cooperation shall aim at combating the deterioration of the environment and in particular:
Cooperation shall take place particularly through:
Article 57
Transport
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 Republic of Azerbaijan, and developing and ensuring, where appropriate, compatibility of transportation systems in the context of achieving a more global transport system. In particular, consideration shall be given to traditional communications links among Independent States in the Transcaucasus region and with other neighbouring states.
The cooperation shall include, inter alia:
Article 58
Postal services and telecommunications
Within their respective powers and competences the Parties shall expand and strengthen cooperation in the following areas:
Article 59
Financial services
Cooperation shall in particular aim at facilitating the involvement of the Republic of Azerbaijan 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 Republic of Azerbaijan and the Member States in the financial services sector.
Article 60
Enterprise restructuring and privatisation
Recognising that privatisation is of fundamental importance to a sustainable economic recovery, the Parties agree to cooperate in the development of the necessary institutional, legal and methodological framework. To this end, technical assistance shall be given to implement the privatisation programme adopted by the Parliament of Azerbaijan. Particular Attention will be paid to the orderly and transparent nature of the privatisation process.
Technical assistance shall focus on, inter alia:
The objective of this cooperation is to contribute to the revitalisation of the economy of Azerbaijan, the promotion of foreign investment and the development of relations between Azerbaijan and the Member States.
Article 61
Regional development
They shall also encourage direct contacts between the abovementioned authorities and between regional and public organisations responsible for regional development planning with the aim, inter alia, to exchange methods and ways of fostering regional development.
Article 62
Social cooperation
The cooperation shall include notably:
With regard to employment, the cooperation shall include notably technical assistance to:
These reforms shall aim to develop in the Republic of Azerbaijan methods of protection intrinsic to market economies and shall comprise all forms of social protection.
Article 63
Tourism
The Parties shall increase and develop cooperation between them, which shall include:
Article 64
Small and medium-sized enterprises
Cooperation shall include technical assistance, in particular in the following areas:
Article 65
Information 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 Republic of Azerbaijan, including, where possible, access to databases, in full respect of intellectual property rights.
Article 66
Consumer 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 67
Customs
Cooperation shall include the following in particular:
Technical assistance shall be provided where necessary.
Article 68
Statistical 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 Republic of Azerbaijan. It shall also address the protection of confidentiality.
The Parties, in particular, shall cooperate in the following fields:
The Community shall contribute to this end by rendering technical assistance to the Republic of Azerbaijan.
Article 69
Economics
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 70
Monetary policy
At the request of the Azerbaijani authorities, the Community shall provide technical assistance designed to support the efforts of the Republic of Azerbaijan towards the strengthening of its monetary system and the introduction of full convertibility of the currency.
This will include technical assistance for the design and application of the Republic of Azerbaijan's monetary and credit policy, in full coordination with the international financial institutions, for the training of personnel, and for the development of financial markets, including the stock exchange. It shall also include informal exchanges of views concerning the principles and the functioning of the European Monetary System and Community regulations on financial markets and capital movements.
TITLE VII
COOPERATION ON MATTERS RELATING TO DEMOCRACY AND HUMAN RIGHTS
Article 71
The Parties shall cooperate on all questions relevant to the establishment or reinforcement of democratic institutions, including those required in order to strengthen the rule of law, and the protection of human rights and fundamental freedoms according to international law and OSCE principles.
This cooperation shall take the form of technical assistance programmes intended to assist, inter alia, in the drafting of relevant legislation and regulations; the implementation of such legislation; the functioning of the judiciary; the role of the State in questions of justice; and the operation of the electoral system. They may include training where appropriate. The Parties shall encourage contacts and exchanges between their national, regional and judicial authorities, parliamentarians, and non-governmental organisations.
TITLE VIII
COOPERATION ON PREVENTION OF ILLEGAL ACTIVITIES AND THE PREVENTION AND CONTROL OF ILLEGAL IMMIGRATION
Article 72
The Parties shall establish cooperation aimed at preventing illegal activities such as:
Cooperation in the abovementioned areas will be based on mutual consultation and close interaction. Technical and administrative assistance may be provided, including in the following areas:
Article 73
Money laundering
Article 74
Drugs
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.
Article 75
Illegal immigration
The Member States and the Republic of Azerbaijan agree to cooperate in order to prevent and control illegal immigration. To this end:
The Member States and the Republic of Azerbaijan will also provide their nationals with appropriate identity documents for such purposes.
TITLE IX
CULTURAL COOPERATION
Article 73
The 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.
The cooperation may include:
TITLE X
FINANCIAL COOPERATION IN THE FIELD OF TECHNICAL ASSISTANCE
Article 77
In order to achieve the objectives of this Agreement and in accordance with Articles 78, 79 and 80, the Republic of Azerbaijan shall benefit from temporary financial assistance from the Community by way of technical assistance in the form of grants. The purpose of this assistance shall be to accelerate the economic transformation of the Republic of Azerbaijan.
Article 78
This financial assistance shall be covered within the framework of Tacis as foreseen in the Community's relevant Council regulation.
Article 79
The 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 Republic of Azerbaijan's needs, sectoral absorption capacities and progress with reform. The Parties shall inform the Cooperation Council thereof.
Article 80
In 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 XI
INSTITUTIONAL, GENERAL AND FINAL PROVISIONS
Article 81
A 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 this Agreement and any other bilateral or international issues of mutual interest for the purpose of attaining the objectives of this Agreement. The Cooperation Committee may also make appropriate recommendations, by agreement between the two Parties.
Article 82
Article 83
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 84
The 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 85
When examining any issue arising within the framework of this Agreement in relation to a provision referring to an article of the GATT/WTO, the Cooperation Council shall take into account to the greatest extent possible the interpretation that is generally given to the article of the GATT/WTO in question by the Members of the WTO.
Article 86
A Parliamentary Cooperation Committee is hereby established. It shall be a forum for Members of the Azerbaijani Parliament and the European Parliament to meet and exchange views. It shall meet at intervals which it shall itself determine.
Article 87
Article 88
The 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 Council may make recommendations to the Cooperation Council.
Article 89
Within the limits of their respective powers and competences, the Parties:
Article 90
Nothing in this Agreement shall prevent a Party from taking any measures:
which it considers necessary to prevent the disclosure of information contrary to its essential security interests;
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;
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;
which it considers necessary to respect its international obligations and commitments in the control of dual use industrial goods and technology.
Article 91
In the fields covered by this Agreement and without prejudice to any special provisions contained therein:
Article 92
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 93
The 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 14, 92 and 98.
Article 94
Treatment granted to the Republic of Azerbaijan thereunder shall in no case be more favourable than that granted by the Member States to each other.
Article 95
For the purposes of this Agreement, the term ‘Parties’ shall mean the Republic of Azerbaijan 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 96
In 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 97
This Agreement is concluded for an initial period of 10 years. This Agreement shall be automatically renewed year by year provided that neither Party gives the other Party written notice of denunciation of this Agreement six months before it expires.
Article 98
In the selection of these measures, priority must be given to those which least disturb the functioning of this Agreement. These measures shall be notified immediately to the Cooperation Council if the other Party so requests.
Article 99
Annexes I, II, III, IV and V together with the Protocol shall form an integral part of this Agreement.
Article 100
This 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 Republic of Azerbaijan, 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 101
This 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 Republic of Azerbaijan.
Article 102
The Secretary-General of the Council of the European Union shall be the depository of this Agreement.
Article 103
The original of this Agreement of which the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Azerbaijani languages, are equally authentic, shall be deposited with the Secretary-General of the Council of the European Union.
Article 104
This 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 Republic of Azerbaijan 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 105
In 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 by means of an Interim Agreement between the Community and the Republic of Azerbaijan, the Parties agree that, in such circumstances, the term ‘date of entry into force of this Agreement’shall mean the date of entry into force of the Interim Agreement.
Hecho en Luxemburgo, el veintidós de abril de mil novecientos noventa y seis.
Udfærdiget i Luxembourg, den toogtyvende april nitten hundrede og seksoghalvfems.
Geschehen zu Luxemburg am zweiundzwanzigsten April neunzehnhundertsechsundneunzig.
Έγινε στο Λουξεμβούργο, στις είκοσι δύο Απριλίου χίλια εννιακόσια ενενήντα έξι.
Done at Luxembourg on the twenty-second day of April in the year one thousand nine hundred and ninety-six.
Fait à Luxembourg, le vingt-deux avril mil neuf cent quatre-vingt-seize.
Fatto a Lussemburgo, addì ventidue aprile millenovecentonovantasei.
Gedaan te Luxemburg, de tweeëntwintigste april negentienhonderd zesennegentig.
Feito no Luxemburgo, em vinte e dois de Abril de mil novecentos e noventa e seis.
Tehty Luxemburgissa kahdentenakymmenentenätoisena päivänä huhtikuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäkuusi.
Som skedde i Luxemburg den tjugoandra april nittonhundranittiosex.
Pour le Royaume de Belgique Voor het Koninkrijk België Für das Königreich Belgien
Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.
Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest.
Diese Unterschrift verbindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.
For Kongeriget Danmark
Für die Bundesrepublik Deutschland
Για την Ελληνική Δημοκρατία
Por el Reino de España
Pour la République française
Thar ceann na hÉireann For Ireland
Per la Repubblica italiana
Pour le Grand-Duché de Luxembourg
Voor het Koninkrijk der Nederlanden
Für die Republik Österreich
Pela República Portuguesa
Suomen tasavallan puolesta För Republiken Finland
För Konungariket Sverige
For the United Kingdom of Great Britain and Northern Ireland
Por las Comunidades Europeas For De Europæiske Fællesskaber Für die Europäischen Gemeinschaften Για τις Ευρωπαϊκές Κοινότητες For the European Communities Pour les Communautés européennes Per le Comunità europee Voor de Europese Gemeenschappen Pelas Comunidades Europeias Euroopan yhteisöjen puolesta För Europeiska gemenskaperna
LIST OF DOCUMENTS ATTACHED
|
Annex I |
Indicative list of advantages granted by the Republic of Azerbaijan to the Independent States in accordance with Article 9(3) |
|
Annex II |
Intellectual, industrial and commercial property conventions referred to in Article 42 |
|
Annex III |
Financial services referred to in Article 26(3) |
|
Annex IV |
Community reservations in accordance with Article 23(2) |
|
Annex V |
Reservations of the Republic of Azerbaijan in accordance with Article 23(4) |
Protocol on mutual assistance between administrative authorities in customs matters
ANNEX I
INDICATIVE LIST OF ADVANTAGES GRANTED BY THE REPUBLIC OF AZERBAIJAN TO THE INDEPENDENT STATES IN ACCORDANCE WITH ARTICLE 9(3)
1. No import duties are applied.
2. No export duties are applied with respect to goods delivered under annual bilateral interstate trade and cooperation arrangements, within the nomenclature stipulated therein.
3. No VAT is applied on import.
4. No excise duties are applied on import.
ANNEX II
INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY CONVENTIONS REFERRED TO IN ARTICLE 42
|
1. |
Paragraph 2 of Article 42 concerns the following multilateral conventions:
—
Berne Convention for the Protection of Literary and Artistic Works (Paris Act, 1971),
—
International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome, 1961),
—
Protocol relating to the Madrid Agreement concerning the International Registration of Marks (Madrid, 1989),
—
Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks (Geneva 1977 and amended in 1979),
—
Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedures (1977, modified in 1980),
—
International Convention for the Protection of New Varieties of Plants (UPOV) (Geneva Act, 1991).
|
|
2. |
The Cooperation Council may recommend that paragraph 2 of Article 42 shall apply to other multilateral conventions. If problems in the area of intellectual, industrial and commercial property affecting trading conditions were to occur, urgent consultations will be undertaken, at the request of either party, with a view to reaching mutually satisfactory solutions. |
|
3. |
The Parties confirm the importance they attach to the obligations arising from the following multilateral conventions:
—
Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967 and amended in 1979),
—
Madrid Agreement concerning the International Registration of Marks (Stockholm Act, 1967 and amended in 1979),
—
Patent Cooperation Treaty (Washington, 1970, amended in 1979 and modified in 1984).
|
|
4. |
From the entry into force of this Agreement, the Republic of Azerbaijan shall grant to Community companies and nationals, in respect of the recognition and protection of intellectual, industrial and commercial property, treatment no less favourable than that granted by it to any third country under bilateral agreements. |
|
5. |
The provisions of paragraph 4 shall not apply to advantages granted by the Republic of Azerbaijan to any third country on an effective reciprocal basis and to advantages granted by the Republic of Azerbaijan to another country of the former USSR. |
ANNEX III
FINANCIAL SERVICES REFERRED TO IN ARTICLE 26(3)
A financial service is any service of a financial nature offered by a financial service provider of a Party. Financial services include the following activities:
All insurance and insurance-related services
Direct insurance (including co-insurance):
life;
non-life.
Reinsurance and retrocession.
Insurance intermediation, such as brokerage and agency.
Services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services.
Banking and other financial services (excluding insurance)
Acceptance of deposits and other repayable funds from the public.
Lending of all types, including, inter alia, consumer credit, mortgage credit, factoring and financing of commercial transactions.
Financial leasing.
All payment and money transmission services, including credit charge and debit cards, travellers cheques and bankers drafts.
Guarantees and commitments.
Trading for own account or for the account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:
money market instruments (cheques, bills, certificates of deposits, etc.);
foreign exchange;
derivative products including, but not limited to, futures and options;
exchange rates and interest rate instruments, including products such as swaps, forward rate agreements, etc.
transferable securities;
other negotiable instruments and financial assets, including bullion.
Participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues.
Money brokering.
Asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial depository and trust services.
Settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments.
Advisory intermediation and other auxiliary financial services on all the activities listed in points 1 to 10 above, including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.
Provision and transfer of financial information, and financial data processing and related software by providers of other financial services.
The following activities are excluded from the definition of financial services:
activities carried out by central banks or by any other public institutions in pursuit of monetary and exchange rate policies;
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 providers in competition with such public entities;
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 providers in competition with public entities or private institutions.
ANNEX IV
COMMUNITY RESERVATIONS IN ACCORDANCE WITH ARTICLE 23(2)
Mining
In some Member States, a concession may be required for mining and mineral rights for non-Community controlled companies.
Fishing
Access to and use of the biological resources and fishing grounds situated in the maritime waters coming under the sovereignty or within the jurisdiction of Member States of the Community is restricted to fishing vessels flying the flag of a Community Member State and registered in Community territory unless otherwise provided for.
Real estate purchase
In some Member States, the purchase of real estate by non-Community companies is subject to restrictions.
Audiovisual services including radio
National treatment concerning production and distribution, including broadcasting and other forms of transmission to the public, may be reserved to audiovisual works meeting certain origin criteria.
Telecommunications services including mobile and satellite services
Reserved services
In some Member States market access concerning complementary services and infrastructure is restricted.
Professional services
Services reserved to natural persons who are nationals of Member States. Under certain conditions those persons may create companies.
Agriculture
In some Member States national treatment is not applicable to non-Community controlled companies which wish to undertake an agricultural enterprise. The acquisition of vineyards by non-EC controlled companies is subject to notification, or, as necessary, authorisation.
News agency services
In some Member States limitations of foreign participation in publishing companies and broadcasting companies.
ANNEX V
RESERVATIONS OF THE REPUBLIC OF AZERBAIJAN IN ACCORDANCE WITH ARTICLE 23(4)
Utilization of subsoil and natural resources, including exploration and production, and mining
A concession may be required for foreign companies for exploration and production of hydrocarbon resources as well as for mining some ores and metals.
Fishing
Authorisation from the competent governmental body is necessary for fishing.
Hunting
Authorisation from the competent governmental body is necessary for hunting.
Real estate (immovable property) purchase
Foreign companies are not allowed to acquire plots of land. Those companies can, however, lease plots of land on a long-term basis.
Banking services
Total capital of foreign-owned banks may not exceed a given percentage of the total capital in the domestic banking system.
Azerbaijan undertakes not to reduce for Azerbaijani subsidiaries and branches of Community companies, the ceiling limiting the overall share of foreign capital in the Azerbaijani banking system which applies on the date of initialling of this Agreement unless so required under the framework of IMF programmes in Azerbaijan.
At the latest within five years from the date of signature of the Agreement, Azerbaijan will consider the possibility of increasing the ceiling, taking into consideration all relevant monetary, fiscal, financial and balance-of-payments considerations and the state of the banking system of Azerbaijan.
Telecommunications and mass media services
Some limitations may be applied to foreign participation.
Professional activities
Some activities are closed, limited, or subject to special requirements for natural persons who are not Azerbaijani nationals.
Historical buildings and monuments
Activities in this area are subject to restrictions.
The application of the reservations in this Annex can in no case result in treatment less favourable than that accorded to companies of any third country.
PROTOCOL
on mutual assistance between administrative authorities in customs matters
Article 1
Definitions
For the purposes of this Protocol:
‘customs legislation’ shall mean any legal or regulatory provisions applicable in the territory of the Parties governing the import, export, transit of goods and their placing under any customs procedure, including measures of prohibition, restriction and control;
‘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;
‘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;
‘personal data’, shall mean all information relating to an identified or identifiable individual.
Article 2
Scope
Article 3
Assistance on request
At the request of the applicant authority, the requested authority shall, within the framework of its laws, take the necessary steps to ensure that a surveillance is kept on:
natural or legal persons of whom there are reasonable grounds for believing that they are breaching or have breached customs legislation;
places where goods are stored in a way that gives grounds for suspecting that they are intended to supply operations in breach of customs legislation;
movements of goods notified as possibly giving rise to breaches of customs legislation;
means of transport for which there are reasonable grounds for believing that they have been, are or might be used in operations in breach of customs legislation.
Article 4
Spontaneous assistance
The Parties shall provide each other, in accordance with their laws, rules and other legal instruments, with assistance without prior request if they consider that to be necessary for the correct application of customs legislation, particularly when they obtain information pertaining to:
Article 5
Delivery/notification
At the request of the applicant authority, the requested authority shall in accordance with its legislation, take all necessary measures in order:
falling within the scope of this Protocol to an addressee, residing or established in its territory. In such cases Article 6(3) shall apply as far as the request itself is concerned.
Article 6
Form and substance of requests for assistance
Requests pursuant to paragraph 1 of this Article shall include the following information:
the applicant authority making the request;
the measure requested;
the object of and the reason for the request;
the laws, rules and other legal elements involved;
indications as exact and comprehensive as possible on the natural or legal persons who are the target of the investigations;
a summary of the relevant facts and of the enquiries already carried out, except in cases provided for in Article 5.
Article 7
Execution of requests
Article 8
Form in which information is to be communicated
Article 9
Exceptions to the obligation to provide assistance
The Parties may refuse to give assistance as provided for in this Protocol, where to do so would:
be likely to prejudice the sovereignty of the Republic of Azerbaijan or that of a Member State which has been asked for assistance under this Protocol; or
be likely to prejudice public policy, security or other essential interests, in particular in the cases referred to under Article 10(2); or
involve currency or tax regulations other than customs duties legislation; or
violate an industrial, commercial or professional secret.
Article 10
Information exchange and confidentiality
Article 11
Experts and witnesses
Article 12
Assistance 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 public service employees.
Article 13
Application
Article 14
Complementary
Without prejudice to Article 10, any agreements on mutual assistance which have been concluded between one or more Member States and the Republic of Azerbaijan shall not prejudice Community provisions governing the communication between the competent services of the Commission of the European Communities and the customs authorities of the Member States of any information obtained in customs matters which could be of Community interest.
PROTOCOL
to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union
THE KINGDOM OF BELGIUM,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
IRELAND,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
THE REPUBLIC OF HUNGARY,
THE REPUBLIC OF MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
hereinafter referred to as the ‘Member States’ represented by the Council of the European Union, and
THE EUROPEAN COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY,
hereinafter referred to as ‘the Communities’ represented by the Council of the European Union and the European Commission,
of the one part, and
THE REPUBLIC OF AZERBAIJAN,
of the other part,
HAVING REGARD TO the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union on 1 May 2004,
HAVE AGREED AS FOLLOWS:
Article 1
The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia shall be Parties to the Partnership and Cooperation Agreement, establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, signed in Luxembourg on 22 April 1996 (hereinafter the Agreement) and shall respectively adopt and take note, in the same manner as the other Member States of the Community, of the texts of the Agreement and of the documents attached to it.
Article 2
To take account of recent institutional developments within the European Union, the Parties agree that, following expiry of the Treaty establishing the European Coal and Steel Community, existing provisions in the Agreement referring to the European Coal and Steel Community shall be deemed to refer to the European Community, which has taken over all rights and obligations contracted by the European Coal and Steel Community.
Article 3
This Protocol shall form an integral part of the Agreement.
Article 4
Article 5
Article 6
The texts of the Agreement, the Final Act and all documents annexed to it are drawn up in the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovene languages.
These texts are annexed ( 1 ) to this Protocol and are equally authentic with the texts in the other languages in which the Agreement, the Final Act and the documents annexed to it are drawn up.
Article 7
This Protocol is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovene, Spanish, Swedish and in Azerbaijani languages, each of these texts being equally authentic.
Hecho en Bruselas, el dieciocho de mayo de dos mil cuatro.
V Bruselu dne osmnáctého května dva tisíce čtyři
Udfærdiget i Bruxelles den attende maj to tusind og fire.
Geschehen zu Brüssel am achtzehnten Mai zweitausendundvier.
Kahe tuhande neljanda aasta maikuu kaheksateistkümnendal päeval Brüsselis
Έγινε στις Βρυξέλλες, στις δέκα οκτώ Μαΐου δύο χιλιάδες τέσσερα.
Done at Brussels on the eighteenth day of May in the year two thousand and four.
Fait à Bruxelles, le dix-huit mai deux mille quatre.
Fatto a Bruxelles, addì diciotto maggio duemilaquattro.
Briselē, divi tūkstoši ceturtā gada astoņpadsmitajā maijā.
Priimta du tūkstančiai ketvirtų metų gegužės aštuonioliktą dieną Briuselyje.
Kelt Brüsszelben, a kétezer-negyedik év május havának tizennyolcadik napján.
Maghmul fi Brussel, nhar it-tmintax ta' Mejju, 2004
Gedaan te Brussel, de achttiende mei tweeduizendvier.
Sporządzono w Brukseli, dnia osiemnastego maja roku dwa tysiące czwartego
Feito em Bruxelas, em dezoito de Maio de dois mil e quatro.
V Bruseli dňa osemnásteho mája dvetisícštyri
V Bruslju, dne osemnajstega maja leta dva tisoč štiri.
Tehty Brysselissä kahdeksantenatoista päivänä toukokuuta vuonna kaksituhattaneljä.
Som skedde i Bryssel den artonde maj tjugohundrafyra.
Brüsseldә iki min dördüncü ilin mayın on sәkkizindә imzalanmıșdır.
Por los Estados miembros
Za členské státy
For medlemsstaterne
Für die Mitgliedstaaten
Liikmesriikide nimel
Για τα κράτη μέλη
For the Member States
Pour les États membres
Per gli Stati membri
Dalībvalstu vārdā
Valstybių narių vardu
A tagállamok részéről
Għall-Istati Membri
Voor de lidstaten
W imieniu Państw Członkowskich
Pelos Estados-Membros
Za členské štáty
Za države članice
Jäsenvaltioiden puolesta
På medlemsstaternas vägnar
Üzv dövlәtlәr adından
Por las Comunidades Europeas
Za Evropská společenství
For De Europæiske Fællesskaber
Für die Europäischen Gemeinschaften
Euroopa ühenduste nimel
Για τις Ευρωπαϊκές Κοινότητες
For the European Communities
Pour les Communautés européennes
Per le Comunità europee
Eiropas Kopienu vārdā
Europos Bendrijų vardu
Az Európai Közösségek részéről
Għall-Komunitajiet Ewropej
Voor de Europese Gemeenschappen
W imieniu Wspólnot Europejskich
Pelas Comunidades Europeias
Za Európske spoločenstvá
Za Evropske skupnosti
Euroopan yhteisöjen puolesta
På Europeiska gemenskapernas vägnar
Avropa Birliyi adından
Por la República de Azerbaiyán
Za Ázerbájdžánskou republiku
For Republikken Aserbajdsjan
Für die Republik Aserbaidschan
Aserbaidžaani Vabariigi nimel
Για τη Δημοκρατία του Αζερμπαϊτζάν
For the Republic of Azerbaijan
Pour la République d'Azerbaïdjan
Per la Repubblica dell'Azerbaigian
Azerbaidžānas Republikas vārdā
AzerbaidÞano Respublikos vardu
Azerbajdzsán részéről
Għar-Repubblika ta' l-Ażerbajġan
Voor de Republiek Azerbeidzjan
W imieniu Republiki Azerbejdżanskiej
Pela República do Azerbaijão
Za Azerbajdžanskú republiku
Za Azerbajdžansko republiko
Azerbaidžanin tasavallan puolesta
På Republiken Azerbajdzjans vägnar
Azәrbaycan Respublikası adından
PROTOCOL
to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, extending the provisions of the Partnership and Cooperation Agreement to bilateral trade in textiles, taking account of the expiry of the bilateral textiles Agreement
THE EUROPEAN COMMUNITY,
of the one part, and
THE REPUBLIC OF AZERBAIJAN,
of the other part,
Whereas:|
(1) |
The Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, (hereinafter referred to as the PCA) entered into force on 1 July 1999. |
|
(2) |
Negotiations have taken place to ensure that the principles in the PCA which apply to trade in other goods are also extended formally to trade in textile products. |
|
(3) |
Appropriate amendments to the PCA should be adopted, |
HAVE AGREED AS FOLLOWS:
Article 1
The Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, is hereby amended as follows:
in Article 12 the reference to Article 17 is deleted;
Article 17 is deleted.
Article 2
This Protocol shall form an integral part of the PCA.
Article 3
This Protocol shall enter into force on the first day of the month following the date of signature.
Article 4
This Protocol is drawn up in duplicate in each of the official languages of the contracting parties, each of these texts being equally authentic.
PROTOCOL
to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
IRELAND,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
THE REPUBLIC OF HUNGARY,
THE REPUBLIC OF MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
hereinafter referred to as the ‘Member States’, represented by the Council of the European Union, and
THE EUROPEAN COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY,
hereinafter referred to as ‘the Communities’, represented by the Council of the European Union and the European Commission,
of the one part, and
THE REPUBLIC OF AZERBAIJAN,
of the other part,
hereinafter referred to as ‘Parties’ for the purposes of this Protocol,
HAVING REGARD TO the provisions of the Treaty between the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Republic of Bulgaria and Romania concerning the accession of the Republic of Bulgaria and Romania to the European Union, which was signed in Luxembourg on 25 April 2005 and is applied from 1 January 2007,
CONSIDERING the new situation in relations between the Republic of Azerbaijan and the European Union arising from the accession to the EU of two new Member States, which opens opportunities and brings about challenges for the cooperation between the Republic of Azerbaijan and the European Union,
TAKING INTO ACCOUNT the desire of the Parties to ensure the attainment and implementation of the objectives and principles of the PCA,
HAVE AGREED AS FOLLOWS:
Article 1
The Republic of Bulgaria and Romania shall be Parties to the Partnership and Cooperation Agreement, establishing a partnership between the European Communities and their Member States, of the one part, and Azerbaijan, of the other part, signed in Luxembourg on 22 April 1996 and entered into force on 1 July 1999 (hereinafter the ‘Agreement’) and shall respectively adopt and take note, in the same manner, as the other Member States, of the texts of the Agreement, as well as of the Joint Declarations, Exchanges of Letters, and Declaration by the Republic of Azerbaijan annexed to the Final Act signed on the same date and the Protocol to the Agreement of 18 May 2004.
Article 2
This Protocol shall form an integral part of the Agreement.
Article 3
Article 4
Article 5
Article 6
This Protocol is drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovene, Slovak, Spanish, Swedish and Azerbaijani languages, each of these texts being equally authentic.
Съставено в Брюксел на девети декември две хиляди и осма година.
Hecho en Bruselas, el nueve de diciembre de dos mil ocho.
V Bruselu dne devátého prosince dva tisíce osm.
Udfærdiget i Bruxelles den niende december to tusind og otte.
Geschehen zu Brüssel am neunten Dezember zweitausendacht.
Kahe tuhande kaheksanda aasta detsembrikuu üheksandal päeval Brüsselis.
'Εγινε στις Βρυξέλλες, στις εννέα Δεκεμβρίου δύο χιλιάδες οκτώ.
Done at Brussels on the ninth day of December in the year two thousand and eight.
Fait à Bruxelles, le neuf décembre deux mille huit.
Fatto a Bruxelles, addì nove dicembre duemilaotto.
Briselē, divtūkstoš astotā gada devītajā decembrī.
Priimta du tūkstančiai aštuntų metų gruodžio devintą dieną Briuselyje.
Kelt Brüsszelben, a kétezer-nyolcadik év december havának kilencedik napján.
Magħmul fi Brussell, fid-disa jum ta' Diċembru tas-sena elfejn u tmienja.
Gedaan te Brussel, de negende december tweeduizend acht.
Sporządzono w Brukseli, dnia dziewiątego grudnia roku dwa tysiące ósmego.
Feito em Bruxelas, em nove de Dezembro de dois mil e oito.
Adoptat la Bruxelles la nouă decembrie două mii opt.
V Bruseli deviateho decembra dvetisícosem.
V Bruslju, dne devetega decembra leta dva tisoč osem.
Tehty Brysselissä yhdeksäntenä päivänä joulukuuta vuonna kaksituhattakahdeksan.
Som skedde i Bryssel den nionde december tjugohundraåtta.
За дьржавите-членки
Por los Estados miembros
Za členské státy
For medlemsstaterne
Für die Mitgliedstaaten
Liikmesriikide nimel
Για τα κράτη μέλη
For the Member States
Pour les États membres
Per gli Stati membri
Dalīvalstu vārdā
Valstybių narių vardu
A tagállamok részéről
Għall-Istati Membri
Voor de lidstaten
W imieniu państw członkowskich
Pelos Estados-Membros
Pentru statele membre
Za členské štáty
Za države članice
Jäsenvaltioiden puolesta
På medlemsstaternas vägnar
За Европейската общност
Por las Comunidades Europeas
Za Evropská společenství
For De Europæiske Fællesskaber
Für die Europäischen Gemeinschaften
Euroopa ühenduste nimel
Για τις Ευρωπαϊκές Κοινότητες
For the European Communities
Pour les Communautés européennes
Per le Comunità europee
Eiropas Kopienu vārdā
Europos Bendrijų vardu
Az Európai Közösségek részéről
Għall-Komunitajiet Ewropej
Voor de Europese Gemeenschappen
W imieniu Wspólnot Europejskich
Pelas Comunidades Europeias
Pentru Comunitatea Europeană
Za Európske spoločenstvá
Za Evropske skupnosti
Euroopan yhteisöjen puolesta
På Europeiska gemenskapernas vägnar
За Република Азербайджан
Por la República de Azerbaiyán
Za Ázerbájdžánskou republiku
For Republikken Aserbajdsjan
Für die Republik Aserbaidschan
Aserbaidžaani Vabariigi nimel
Για τη Δημοκρατία του Αζερμπαϊτζάν
For the Republic of Azerbaijan
Pour la République d'Azerbaïdjan
Per la Repubblica dell'Azerbaigian
Azerbaidžānas Republikas vārdā
AzerbaidÞano Respublikos vardu
Azerbajdzsán részéről
Għar-Repubblika ta' l-Ażerbajġan
Voor de Republiek Azerbeidzjan
W imieniu Republiki Azerbejdżanu
Pela República do Azerbaijão
Pentru Republica Azerbaidjan
Za Azerbajdžanskú republiku
Za Azerbajdžansko republiko
Azerbaidžanin tasavallan puolesta
På Republiken Azerbajdzjans vägnar
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 REPUBLIC OF AZERBAIJAN,
of the other part,
meeting at Luxembourg on the twenty-second day of April in the year one thousand nine hundred and ninety-six 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 Republic of Azerbaijan, of the other part, hereinafter referred to as ‘the Agreement’, have adopted the following texts:
The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of the Republic of Azerbaijan have adopted the texts of the Joint Declarations listed below and annexed to this Final Act:
The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of the Republic of Azerbaijan have further taken note of the Declaration by the French Government on its overseas countries and territories annexed to this Final Act.
The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of the Republic of Azerbaijan have also taken note of the following Exchange of Letters annexed to this Final Act:
Hecho en Luxemburgo, el
veintidós de abril de mil novecientos noventa y seis
.
Udfærdiget i Luxembourg, den
toogtyvende april nitten hundrede og seksoghalvfems
.
Geschehen zu Luxemburg am
zweiundzwanzigsten April neunzehnhundertsechsundneunzig
.
Έγινε στο Λουξεμβούργο, στις
είκοσι δύο Απριλίου χίλια εννιακόσια ενενήντα έξι
.
Done at Luxembourg on the
twenty-second day of April in the year one thousand nine hundred and ninety-six
.
Fait à Luxembourg, le
vingt-deux avril mil neuf cent quatre-vingt-seize
.
Fatto a Lussemburgo, addì
ventidue aprile millenovecentonovantasei
.
Gedaan te Luxemburg, de
tweeëntwintigste april negentienhonderd zesennegentig
.
Feito no Luxemburgo, em
vinte e dois de Abril de mil novecentos e noventa e seis
.
Tehty Luxemburgissa
kahdentenakymmenentenätoisena päivänä huhtikuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäkuusi
.
Som skedde i Luxemburg den
tjugoandra april nittonhundranittiosex
.
Pour le Royaume de Belgique Voor het Koninkrijk België Für das Königreich Belgien
Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.
Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest.
Diese Unterschrift verbindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.
For Kongeriget Danmark
Für die Bundesrepublik Deutschland
Για την Ελληνική Δημοκρατία
Por el Reino de España
Pour la République française
Thar ceann na hÉireann For Ireland
Per la Repubblica italiana
Pour le Grand-Duché de Luxembourg
Voor het Koninkrijk der Nederlanden
Für die Republik Österreich
Pela República Portuguesa
Suomen tasavallan puolesta För Republiken Finland
För Konungariket Sverige
For the United Kingdom of Great Britain and Northern Ireland
Por las Comunidades Europeas For De Europæiske Fællesskaber Für die Europäischen Gemeinschaften Για τις Ευρωπαϊκές Κοινότητες For the European Communities Pour les Communautés européennes Per le Comunità europee Voor de Europese Gemeenschappen Pelas Comunidades Europeias Euroopan yhteisöjen puolesta För Europeiska gemenskaperna
Joint Declaration concerning the 12th recital in the preamble
The Parties confirm that the 12th recital in the preamble to this Agreement does not imply any judgment as to which countries, other than Azerbaijan, energy products should transit.
Joint Declaration concerning Article 4
In reviewing changing circumstances in the Republic of Azerbaijan, as foreseen in Article 4, the Parties shall discuss important changes which may have a significant bearing on Azerbaijan's future development. This could include accession by Azerbaijan to the WTO, the Council of Europe or other international bodies or accession to any regional customs union or any form of regional integration agreement.
Joint Declaration in relation to Article 6
Should the Parties agree that circumstances warrant meetings at the highest level, such meetings may be arranged on an ad hoc basis.
Joint Declaration concerning Article 15
Until the Republic of Azerbaijan accedes to the WTO, the Parties shall hold consultations in the Cooperation Committee on their import tariff policies, including changes in tariff protection. In particular, such consultations shall be offered prior to the increase of tariff protection.
Joint Declaration concerning the notion of ‘control’ in Article 25(b) and Article 36
|
1. |
The Parties confirm their mutual understanding that the question of control shall depend on the factual circumstances of the particular case. |
|
2. |
A company shall, for example, be considered as being ‘controlled’ by another company, and thus a subsidiary of such other company if:
—
the other company holds directly or indirectly a majority of the voting rights, or
—
the other company has the right to appoint or dismiss a majority of the administrative organ, of the management organ or of the supervisory organ and is at the same time a shareholder or member of the subsidiary;
|
|
3. |
Both Parties consider the criteria in paragraph 2 to be non-exhaustive. |
Joint Declaration concerning Article 35
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.
Joint Declaration concerning Article 42
The Parties agree that for the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, the rights relating to patents, industrial designs, geographical indications, including appellations of origin, trademarks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Article 10bis of the Paris Convention for the Protection of Industrial Property and Protection of Undisclosed Information on Know-how.
Joint Declaration concerning Article 55
The provisions of Article 55(3) shall not require either of the Parties to provide information of a confidential nature.
Joint Declaration concerning Article 98
|
1. |
The Parties agree, for the purpose of its correct interpretation and its practical application, that the term ‘cases of special urgency’included in Article 98 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 2. |
|
2. |
The Parties agree that the ‘appropriate measures’ referred to in Article 98 are measures taken in accordance with international law. If a party takes a measure in a case of special urgency as provided for under Article 98, the other party may avail itself of the procedure relating to settlement of disputes. |
Declaration by the French Government on its overseas countries and territories
The French Republic notes that the Partnership and Cooperation Agreement with the Republic of Azerbaijan does not apply to the overseas countries and territories associated with the European Community pursuant to the Treaty establishing the European Community.
EXCHANGE OF LETTERS
between the Community and the Republic of Azerbaijan in relation to the establishment of companies
Letter from the Government of the Republic of AzerbaijanSir,
I refer to the Partnership and Cooperation Agreement initialled on 19 December 1995.
As I underlined during the negotiations, the Republic of Azerbaijan grants to Community companies establishing and operating in the Republic of Azerbaijan in certain respects a privileged treatment. I explained that this reflects the Azerbaijani policy to promote by all means the establishment of Community companies in the Republic of Azerbaijan.
With this in mind, it is my understanding that during the period between the date of initialling of this Agreement and the entry into force of the relevant articles on establishment of companies, the Republic of Azerbaijan shall not adopt measures or regulations which would introduce or worsen discrimination of Community companies vis-à-vis Azerbaijani companies or companies from any third country as compared to the situation existing on the date of initialling of this Agreement.
I would be obliged if you would acknowledge receipt of this letter.
Please accept, Sir, the assurance of my highest consideration.
For the Government of the Republic of Azerbaijan
Letter from the European CommunitySir,
Thank you for your letter of today's date, which reads as follows:
‘I refer to the Partnership and Cooperation Agreement intialled on 19 December 1995.
As I underlined during the negotiations, the Republic of Azerbaijan grants to Community companies establishing and operating in the Republic of Azerbaijan in certain respects a privileged treatment. I explained that this reflects the Azerbaijani policy to promote by all means the establishment of Community companies in the Republic of Azerbaijan.
With this in mind, it is my understanding that during the period between the date of initialling of this Agreement and the entry into force of the relevant articles on establishment of companies, the Republic of Azerbaijan shall not adopt measures or regulations which would introduce or worsen discrimination of Community companies vis-à-vis Azerbaijani companies or companies from any third country as compared to the situation existing on the date of initialling of this Agreement.
I would be obliged if you would acknowledge receipt of this letter.’
I acknowledge receipt of the letter.
Please accept, Sir, the assurance of my highest consideration.
On behalf of the European Community
( ) The Czech, Estonian, Latvian, Lithuanian, Hungarian, Maltese, Polish, Slovak and Slovenian versions of the Agreement shall be published in the special edition of the Official Journal at a later date.