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Document 01997A1128(01)-20160401
Agreement on partnership and cooperation establishing a partnership between the European Communities and their Member States, of one part, and the Russian Federation, of the other part
Consolidated text: Agreement on partnership and cooperation establishing a partnership between the European Communities and their Member States, of one part, and the Russian Federation, of the other part
Agreement on partnership and cooperation establishing a partnership between the European Communities and their Member States, of one part, and the Russian Federation, of the other part
ELI: http://data.europa.eu/eli/agree_internation/1997/800/2016-04-01
01997A1128(01) — EN — 01.04.2016 — 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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AGREEMENT ON PARTNERSHIP AND COOPERATION (OJ L 327 28.11.1997, p. 3) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 283 |
19 |
9.11.2000 |
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L 185 |
17 |
6.7.2006 |
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L 119 |
32 |
9.5.2007 |
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L 373 |
3 |
31.12.2014 |
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AGREEMENT ON PARTNERSHIP AND COOPERATION
establishing a partnership between the European Communities and their Member States, of one part, and the Russian Federation, 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 PORTUGUESE REPUBLIC,
the UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community, and the Treaty establishing the European Atomic Energy Community,
hereinafter referred to as ‘Member States’, and
the EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL COMMUNITY and the EUROPEAN ATOMIC ENERGY COMMUNITY,
herinafter referred to as ‘the Community’,
of the one part, and
the RUSSIAN FEDERATION,
herinafter referred to as ‘Russia’,
of the other part,
CONSIDERING the importance of the historical links existing between the Community, its Member States and Russia and the common values that they share,
RECOGNIZING that the Community and Russia wish to strengthen these links and to establish partnership and cooperation which would deepen and widen the relations established between them 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, hereinafter referred to as the ‘1989 Agreement’,
CONSIDERING the commitment of the Community and its Member States acting in the framework of the European Union by the Treaty on European Union of 7 February 1992 and of Russia 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 and other fora,
CONSIDERING the firm commitment of the Community and its Member States and of Russia 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 Russia to the aims and principles set out in the European Energy Charter of 17 December 1991 and in the declaration of the Lucerne Conference of April 1993,
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 liberalization aimed at setting up a market economy,
BELIEVING that the full implementation of partnership presupposes the continuation and accomplishment of Russia's political and economic reforms,
DESIROUS of encouraging the process of regional cooperation in the areas covered by this Agreement between the countries of the former USSR 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 technical assistance, as appropriate, for the implementation of economic reform in Russia and for the development of economic cooperation,
BEARING IN MIND the utility of the Agreement in favouring a gradual rapprochement between Russia and a wider area of cooperation in Europe and neighbouring regions and Russia's progressive integration into the open international trading system,
CONSIDERING the commitment of the Parties to liberalize trade, based on the principles contained in the General Agreement on Tariffs and Trade hereinafter referred to as ‘GATT’, as amended by the Uruguay Round trade negotiations, and taking into account the establishment of the World Trade Organization, hereinafter referred to as ‘WTO’,
RECOGNIZING that Russia is no longer a state trading country, that it is now a country with an economy in transition and that continued progress towards a market economy will be fostered by cooperation between the Parties in the forms set out in this Agreement,
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 modernization,
DESIROUS of establishing close cooperation in the area of environmental 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 space field in view of the complementary of their activities in this area,
DESIROUS of promoting 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 Russia, of the other part. The objectives of this Partnership are:
TITLE I
GENERAL PRINCIPLES
Article 2
Respect for democratic principles and human rights as defined in particular in the Helsinki Final Act and the Charter of Paris for a new Europe, underpins the internal and external policies of the Parties and constitutes an essential element of partnership and of this Agreement.
Article 3
The Parties undertake to consider development of the relevant titles of this Agreement, in particular Title III and Article 53, as circumstances allow, with a view to the establishment of a free trade area between them. The Cooperation Council may make recommendations on such development to the Parties. Such development shall only be put into effect by virtue of an agreement between the Parties in accordance with their respective procedures. The Parties shall examine together in the year 1998 whether circumstances allow the beginning of negotiations on the establishment of a free trade area.
Article 4
The Parties undertake to examine together, by mutual consent, amendments which it may be appropriate to make to any part of the Agreement in view of changes in circumstances, and in particular of the situation arising from Russia's accession to the GATT/WTO. The first examination shall take place three years after the entry into force of the Agreement or when Russia accedes to the GATT/WTO, whichever is earlier.
Article 5
TITLE II
POLITICAL DIALOGUE
Article 6
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 European Union and Russia, support the political and economic changes underway in Russia and contribute to the establishment of new forms of cooperation. The political dialogue:
Article 7
Article 8
Other procedures and mechanisms for political dialogue shall be set up by the Parties and in particular in the following forms:
Article 9
Political dialogue at parliamentary level shall take place within the framework of the Parliamentary Cooperation Committee established in Article 95.
TITLE III
TRADE IN GOODS
Article 10
The provisions of paragraph 1 shall not apply to:
advantages accorded to adjacent countries in order to facilitate frontier traffic;
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; the terms ‘customs union’ and ‘free trade area’ shall have the same meaning as those described in paragraph 8 of Article XXIV of the GATT or created through the procedure indicated in paragraph 10 of the same GATT article;
advantages granted to particular countries in accordance with the GATT and with other international arrangements in favour of developing countries.
Article 11
Article 12
In this connection each Party shall provide for freedom of transit through its territory of goods originating in the customs territory or destined for the customs territory of the other Party.
Article 13
The following Articles of the GATT shall be applicable mutatis mutandis between the Parties:
Article VII, paragraphs 1, 2, 3, 4 (a), (b) and (d), 5;
Article VIII;
Article IX;
Article X.
Article 14
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. Such legislation shall be applied on a most-favoured-nation basis and thus subject to the exceptions listed in Article 10 (2) of this Agreement. 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 15
Article 16
Until Russia accedes to the GATT/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.
Article 17
Such action shall not be taken before consultations have been offered by such other Party nor if agreement has been reached within 45 days following the date these consultations were offered.
Article 18
Nothing in this Title, and in Article 17 in particular, shall prejudice or affect in any way the taking, by either Party, of anti-dumping or countervailing measures in accordance with Article VI of the GATT, the Agreement on implementation of Article VI of the GATT, the Agreement on interpretation and application of Articles VI, XVI and XXIII of the GATT or related internal legislation.
In respect of anti-dumping or subsidy investigations, each Party agrees to examine submissions by the other Party and to inform the interested parties concerned of the essential facts and considerations on the basis of which a final decision is to be made. Before definitive anti-dumping and countervailing duties are imposed, the Parties shall do their utmost to bring about a constructive solution to the problem.
Article 19
The 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 on 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 20
This Title shall not affect the provisions of the Agreement between the European Economic Community and the Russian Federation on trade in textile products initialled on 12 June 1993 and applied with retroactive effect as from 1 January 1993. Furthermore, Article 15 of this Agreement shall not apply to trade in textile products falling within Chapters 50 to 63 of the combined nomenclature.
Article 21
Trade in products covered by the Treaty establishing the European Coal and Steel Community shall be governed by:
Article 22
Trade in nuclear materials
Trade in nuclear materials shall be covered by:
For the purpose of the application of the regime provided for in paragraph 1:
TITLE IV
PROVISIONS ON BUSINESS AND INVESTMENT
CHAPTER I
LABOUR CONDITIONS
Article 23
Article 24
Coordination of social security
The Parties shall conclude agreements in order:
to adopt, subject to the conditions and modalities applicable in each Member State, the provisions necessary for the coordination of social security systems for workers of Russian nationality, legally employed in the territory of a Member State and where applicable for the members of their family, legally resident there. These provisions will in particular ensure that:
to adopt, subject to the conditions and modalities applicable in Russia, the provisions necessary to accord to workers who are nationals of a Member State and legally employed in Russia, and to members of their families legally resident there, treatment similar to that specified in the second and third indents of paragraph 1.
Article 25
The measures to be taken in accordance with Article 24 of this Agreement shall not affect any rights or obligations arising from bilateral agreements linking the Member States and Russia where those agreements provide for more favourable treatment of nationals of the Member States or of Russia.
Article 26
The Cooperation Council shall examine which improvements can be made in working conditions for businessmen consistent with the international commitments of the Parties, including those set out in the document of the CSCE Bonn Conference.
Article 27
The Cooperation Council shall make recommendations for the implementation of Articles 23 and 26 of this Agreement.
CHAPTER II
CONDITIONS AFFECTING THE ESTABLISHMENT AND OPERATION OF COMPANIES
Article 28
The treatment referred to in paragraphs 2 and 3 shall benefit companies established in the Community and Russia respectively at the date of entry into force of this Agreement and companies established after that date once they are established.
Article 29
The provisions of Article 28 of this Agreement together with the following provisions shall apply in respect of banking and insurance services referred to in Annex 6.
In respect of banking services referred to in Annex 6, Part B, the nature of the treatment accorded by Russia pursuant to Article 28 (1), with regard to establishment by means of the setting up of subsidiaries only and pursuant to Article 28 (3), is set out in Annex 7, Part A.
In respect of insurance services referred to in Annex 6, Part A (1) and (2), the nature of the treatment accorded by Russia pursuant to Article 28 (1) is set out in Annex 7, Part B.
Notwithstanding any other provisions of this 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. Such measures shall not be used as a means of avoiding the Party's obligations under the Agreement.
Nothing in the Agreement shall be construed to require a Party to disclose information relating to the affairs and accounts of individual customers or any confidential or proprietary information in the possession of public entities.
Without prejudice to the provisions of Part A (1) (d) and (e) of Annex 7, the Community and the Member States of the one part and Russia of the other part shall not adopt any new regulations or measures which would introduce or worsen discrimination as compared to the situation existing on the date of the signature of the Agreement as regards conditions affecting the establishment of the other Party's companies in their respective territories in comparison to their own companies.
The parties agree that the terms ‘worsen discrimination’ include the aggravation of discriminatory conditions or their extension or reintroduction after the current period of application.
For the purposes of this Agreement, as regards banking activities a company shall be regarded as a Russian subsidiary of a Community company when more than fifty percent (50%) of its share capital is held by the Community company.
Article 30
For the purpose of this Agreement:
‘establishment’ shall mean the right of Community or Russian companies as referred to in paragraph (h) of this Article to take up economic activities by means of the setting up of subsidiaries and branches in Russia or in the Community respectively.
In respect of financial services mentioned in Article 29, ‘establishment’ shall mean the right of Community or Russian companies as referred to in paragraph (h) of this Article to take up economic activities by means of the setting up of subsidiaries and branches in Russia or in the Community respectively after receiving a licence from the competent authorities in conformity with the legislation and regulations applicable in each Party;
‘subsidiary’ of a company shall mean a company which is controlled by the first company;
‘economic activities’ shall mean activities of an industrial, commercial or professional character, including financial services;
‘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;
‘Community subsidiary’ or ‘Russian subsidiary’ respectively shall mean a ‘Community company’ or a ‘Russian company’ respectively, as hereafter defined, which is also a subsidiary of a ‘Russian company’ or a ‘Community company’ respectively;
a national of a Member State or of Russia respectively shall mean a natural person who is a national of one of the Member States or of Russia respectively in accordance with their respective legislation;
‘operation’ shall mean the pursuit of economic activities;
In respect of financial services mentioned in Article 29, ‘operation’ shall mean the pursuit of all the economic activities authorized by the licence granted to the company by the competent authorities in conformity with the laws and regulations applicable in each Party;
a ‘Community company’ or a ‘Russian company’ respectively shall mean a company set up in accordance with the laws of a Member State or of Russia respectively and having its registered office or central administration, or principal place of business in the territory of the Community or Russia respectively. However, should the company, set up in accordance with the laws of a Member State or Russia respectively, have only its registered office in the territory of the Community or Russia respectively, the company shall be considered a Community or Russian company respectively if its operations possess a real and continuous link with the economy of one of the Member States or Russia respectively.
With regard to international maritime transport, shall also be beneficiaires of the provisions of this chapter and Chapter III, shipping companies established outside the Community or Russia and controlled by nationals of a Member State or of Russia respectively, if their vessels are registered in that Member State or in Russia in accordance with their respective legislation.
For the purposes of this provision, international maritime transport shall be considered to include intermodal transport operations involving a sea leg without prejudice to applicable nationality restrictions concerning the carriage of goods and passengers by other transport modes;
For the purpose of Article 29 and Annex 7, with regard to banking services referred to in Annex 6, Part B, ‘Russian subsidiary’ or ‘Community subsidiary’ as defined in paragraph (e), shall refer to such a subsidiary which is a bank in accordance with the laws of Russia or a Member State respectively.
For the purpose of Article 29 and Annex 7, with regard to banking services referred to in Annex 6, Part B, ‘Community company’ or ‘Russian company’ as defined in paragraph (h), shall refer to such a company which is a bank in accordance with the laws of a Member State or Russia respectively.
Article 31
Notwithstanding Article 100, the provisions of this Title shall not prejudice the application by each Party of any measure necessary to prevent the circumvention, through the provisions of this Agreement, of its measures concerning third country access to its market.
Article 32
Key personnel of the abovementioned companies herein referred to as ‘organizations’ are ‘intra-corporate transferees’ as defined in paragraph (c) in the following categories, provided that the organization is a legal person and that the persons concerned have been employed by it or have been partners in it (other than as majority shareholders), for at least the year immediately preceding such movement:
persons working in a senior position with an organization, who primarily direct the management of the establishment (branch, subsidiary or joint venture), receiving general supervision or direction principally from the board of directors or stockholders of the business or their equivalent, including:
persons working within an organization 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 organization 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 organization concerned must have its principal place of business in the territory of a Party and the transfer must be to an establishment of that organization, effectively pursuing like economic activities in the territory of the other Party.
Article 33
The Parties recognize the importance of granting each other national treatment with regard to the establishment and, where not so foreseen herein, 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 34
By the end of the third year after signature of the Agreement at the latest, and thereafter at annual intervals the Parties shall examine within the Cooperation Council:
If after such examination one Party is of the view that measures introduced by the other Party since the signature of the Agreement result in a situation which is significantly more restrictive in respect of establishment or operation of companies of the first Party in the territory of the. other Party as compared with the situation existing at the date of signature of the Agreement, such Party may request the other Party to enter into consultations. In such case the provisions of Part A of Annex 8 shall apply.
Article 35
Such activities include:
marketing and sales of maritime transport and related services through direct contact with customers, from quotation to invoicing;
purchase and resale of any transport and related services, including transport services by any inland mode, necessary for the supply of an intermodal 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 computerized information systems and electronic data interchange (subject to any non-discriminatory restrictions concerning telecommunications);
setting up of any business arrangement with other shipping agencies;
acting on behalf of the companies, inter alia in organizing the call of the vessel or taking over cargoes when required.
CHAPTER III
CROSS-BORDER SUPPLY OF SERVICES
Article 36
For the sectors listed in Annex 5 to this Agreement, the Parties shall grant each other treatment no less favourable than that accorded to any third country with regard to the conditions affecting the cross-border supply of services, by Community or Russian companies into the territory of Russia or the Community respectively, pursuant to the legislation and regulations applicable in each Party.
Article 37
Subject to the provisions of Article 48 of this Agreement, the Parties shall permit for the sectors list in Annex 5 to this Agreement the temporary movement of natural persons, who are representatives of a Community or a Russian company and are seeking temporary entry for the purpose of negotiating for the sales of cross-border services or entering into agreements to sell cross-border services for that company, where those representatives will not be engaged in making direct sales to the general public or in supplying services themselves.
Article 38
By the end of the third year after signature of the Agreement and the latest, the Parties shall examine within the Cooperation Council:
If after such examination one Party is of the view that measures introduced by the other Party since the signature of the Agreement result in a situation which is significantly more restrictive in respect of cross-border supply of services covered by Article 36 as compared with the situation existing at the date of signature of the Agreement, such first Party may request the other Party to enter into consultations. In such case the provisions of Part A of Annex 8 shall apply.
Article 39
With regard to maritime transport, the Parties undertake to apply effectively the principle of unrestricted access to the international market and traffic on a commercial basis.
The above provision does not prejudice the rights and obligations arising under the United Nations Convention on a code of conduct for liner conferences, as applicable to the Parties to this Agreement. Non-conference lines shall 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, in their mutual trade, as from entry into force of this Agreement, any cargo sharing provisions of bilateral agreements between any Member State and the former USSR;
not introduce cargo sharing arrangements in future bilateral agreements with third countries concerning dry and liquid bulk and liner trade. However, this does not exclude the possibility of such arrangements concerning liner cargo 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;
abolish, upon entry into force of this Agreement, all unilateral measures, administrative, technical and other obstacles which could constitute a disguised restriction or have discriminatory effects on the free supply of services in international maritime transport.
Each Party shall grant, inter alia, a treatment no less favourable than that accorded to a Party's own vessels, for vessels used for the transport of goods, passengers or both, and flying the flag of the other Party, with respect to access to ports open to foreign vessels, the use of infrastructure and auxiliary maritime services of those ports, as well as related fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading.
Article 40
For the purpose of establishing favourable conditions for rail transport between the Parties, it is agreed that both Parties will, in the framework of this Agreement and through appropriate bilateral and multilateral mechanisms, promote:
Article 41
Cooperation shall ensure fair, balanced and competitive conditions for the space launching and transportation market based on sound economic factors and, in particular, steps will be taken to promote the negotiation and implementation of multilateral rules regarding international trade in space launching and transportation services.
During the transnational period to the year 2000, conditions for the supply of space launch services shall be agreed upon.
Article 42
The Parties shall endeavour to provide each other every assistance possible as regards measures promoting cross-border trade in mobile satellite communications on their respective territories, in conformity with their respective legislation, practices and conditions. In 1996, the Parties will meet to consider the possibilities of granting to each other most-favoured-nation treatment for mobile satellite services.
Article 43
With a view to assuring a coordinated development of transport between the Parties, adapted to their commercial needs, the Parties may, after the entry into force of this Agreement, conclude specific Agreements regarding the conditions of mutual market access and of provision of services in the transport sector, to the extent that these conditions are not already addressed by this Agreement. Such Agreements may apply to more than one or to a single mode of transport.
CHAPTER IV
GENERAL PROVISIONS
Article 44
For the purposes of Chapters II, III and of Title V, no account shall be taken of treatment accorded by the Community, its Member States or Russia pursuant to commitments entered into in economic integration agreements.
Article 45
Companies which are controlled and exclusively owned by Community companies and Russian companies jointly shall also be beneficiaries of the provisions of Chapters II and III of this Title and those of Title V.
Article 46
Article 47
The Cooperation Council shall make recommendations for the further liberalization of trade in services, taking into account the development of the services sectors in the Parties and the other international commitments entered into by the Parties, in particular in the light of the final results of the negotiations of the General Agreement on Trade in Services, hereinafter referred to as ‘GATS’.
Article 48
For 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 46.
Article 49
Article 50
Without prejudice to Articles 32 and 37, no provision of Chapters II, III and IV hereof shall be interpreted as giving the right to:
Article 51
Within one month of receipt from the Party, which has assumed obligations under the GATS, of the information referred to in paragraph 2, the other Party may notify the first Party of its intention to make adjustments to its obligations under this Title, and make those adjustments as follows:
TITLE V
PAYMENTS AND CAPITAL
Article 52
Russia shall apply these restrictions in a non-discriminatory manner. They shall be applied in such a manner as to cause the least possible disruption to this Agreement. Russia shall inform the Cooperation Council promptly of the introduction of such measures and of any changes therein.
TITLE VI
COMPETITION; INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY PROTECTION; LEGISLATIVE COOPERATION
Article 53
Competition
In order to attain the objectives mentioned in paragraph 1:
The Parties shall ensure that they have and enforce laws addressing restrictions on competition by enterprises within their jurisdiction.
The Parties shall refrain from granting export aids favouring certain undertakings or the production of products other than primary products. The Parties also declare their readiness, as from the third year from the date of entry into force of this Agreement, to establish for other aids which distort or threaten to distort competition in so far as they affect trade between the Community and Russia, strict disciplines, including the outright prohibition of certain aids. These categories of aids and the disciplines applicable to each shall be defined jointly within a period of three years after entry into force of this Agreement.
Upon request by one Party, the other Party shall provide information on its aid schemes or in particular individual cases of State aid.
During a transitional period expiring five years after the entry into force of the Agreement, Russia may take measures inconsistent with paragraph 2.2, second sentence, provided that these measures are introduced and applied in the circumstances referred to in Annex 9.
In the case of State monopolies of a commercial character, the Parties declare their readiness, as from the third year from the date of entry into force of this Agreement, to ensure that there is no discrimination between nationals and companies of the Parties regarding the conditions under which goods are procured or marketed.
In the case of public undertakings or undertakings to which Member States or Russia grant exclusive rights, the Parties declare their readiness, as from the third year from the date of entry into force of this Agreement, to ensure that there is neither enacted nor maintained any measure distorting trade between the Community and Russia to an extent contrary to the Parties' respective interests. This provision shall not obstruct the performance, in law or fact, of the particular tasks assigned to such undertakings.
The period defined in paragraphs 2.2 and 2.4 may be extended by agreement of the Parties.
Article 54
Intellectual, industrial and commercial property protection
The Parties confirm the importance they attach to the obligations arising from the following multilateral conventions:
Article 55
Legislative cooperation
TITLE VII
ECONOMIC COOPERATION
Article 56
The cooperation shall, inter alia, cover:
Special attention shall be devoted by the Parties to measures capable of fostering cooperation with the other countries of the former USSR.
Article 57
Industrial cooperation
Cooperation shall aim at promoting the following in particular:
Article 58
Investment promotion and protection
The aims of this cooperation shall be in particular:
Article 59
Public procurement
The Parties shall cooperate to develop conditions for open and competitive award of public procurement contracts in particular through calls for tenders.
Article 60
Standards and conformity assessment; consumer protection
The Parties shall closely cooperate in the abovementioned areas with the relevant European and other international organizations.
The Parties shall, in particular, encourage practical interaction of their respective organizations, with the aim of starting to negotiate mutual recognition agreements in the field of conformity assessment activities.
This cooperation shall be aimed in particular at 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.
Article 61
Mining and raw materials
The cooperation shall focus in particular on the following areas:
Article 62
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 63.
In carrying out such cooperation activities, special attention shall be devoted to the redeployment of scientists, engineers, researchers and technicians who are or have been engaged in research on/and production of weapons of mass destruction.
Article 63
Education and training
The cooperation shall focus in particular on the following areas:
Article 64
Agriculture and the agro-industrial sector
Cooperation shall aim at the modernization, restructuring and privatization of agriculture and the agro-industrial sector in Russia in conditions which ensure that the environment is respected. This cooperation shall be through, inter alia, developing private farms and distribution channels, methods of storage, marketing and management, modernizing the rural infrastructure and improvement of agricultural land-use planning, improving productivity, quality and efficiency, and the transfer of technology and know-how. The Parties shall aim at achieving compatibility between their sanitary and phytosanitary standards.
Article 65
Energy
The cooperation shall include among others the followings areas:
Article 66
Nuclear sector
Bearing in mind the respective powers and competences of the Community and its Member States, civil cooperation in the nuclear sector shall take place, inter alia, through the implementation of two agreements on thermonuclear fusion and on nuclear safety to be agreed upon between the Parties.
Article 67
Space
Without prejudice to Article 41, the Parties shall promote long term cooperation as appropriate in the areas of civil space research, development and commercial application. They shall pay particular attention to initiatives making on a mutual beneficial basis full use of the complementarity of their respective activities.
Article 68
Construction
The Parties shall cooperate in the field of construction industry, particularly in the areas covered by Articles 55, 57, 60, 62, 63 and 77 of this Agreement.
This cooperation shall, inter alia, aim at modernizing and restructuring the construction sector in Russia in line with the principles of a market economy and duly taking into account related health, safety and environmental aspects.
Article 69
Environment
Cooperation shall aim at combating the deterioration of the environment and in particular:
Cooperation shall take place particularly through:
Article 70
Transport
The Parties shall develop and strengthen their cooperation in the field of transport.
This cooperation shall, inter alia, aim at restructuring and modernizing transport systems and networks in Russia and developing and ensuring, where appropriate, compatibility of transportation systems in the context of achieving a more global transportation system.
The cooperation shall include, inter alia:
Article 71
Postal services and telecommunications
The Parties shall expand and strengthen cooperation in this area with the aim of gradual integration at the technical level of their respective telecommunications and postal networks. To this end they shall initiate notably the following actions:
These activities shall focus, inter alia, on the following priority areas:
Article 72
Financial services
The Parties shall cooperate with the aim of establishing and developing a suitable framework for the banking, insurance and other financial services sector in Russia adapted to the needs of a market economy.
The cooperation shall focus on:
Article 73
Regional development
The Parties shall strengthen cooperation between them on regional development and land-use planning.
They shall encourage exchange of information by national, regional and local authorities on regional and land-use planning policy and on methods of formulation of regional policies with special emphasis on the development of disadvantaged areas.
They shall also encourage direct contacts between the respective regions and public organizations responsible for regional development planning with the aim, inter alia, to exchange methods and ways of fostering regional development.
Article 74
Social cooperation
The cooperation shall include notably:
With regard to employment, the cooperation shall include notably technical assistance relating to:
These reforms shall aim to develop in Russia methods of protection intrinsic to market economies and shall comprise all directions of social security activities.
The cooperation shall also include technical assistance to the development of social insurance institutions with the aim of promoting gradual transition to a system consisting of a combination of contributory and social assistance forms of protection, as well as respective non-governmental organizations providing social services.
Article 75
Tourism
The Parties shall increase and develop cooperation between them, which shall include:
Article 76
Small and medium-sized enterprises
The Parties shall encourage the exchange of information and know-how, inter alia, in areas such as:
The Parties shall closely cooperate with a view to ensuring that the necessary conditions for access to the networks are met.
Article 77
Communication, informatics and information infrastructure
The Parties shall make the necessary efforts to expand and strengthen cooperation in order to establish the appropriate information infrastructure. To this end they shall initiate notably the following actions:
Article 78
Customs
Cooperation shall include the following in particular:
Article 79
Statistical cooperation
The Parties shall cooperate in particular:
Article 80
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.
The Parties shall:
Article 81
Money laundering
Article 82
Drugs
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 in the various drug-related fields, and shall, inter alia, provide for exchange of training programmes and include, where available, technical assistance from the Community.
Article 83
Cooperation in the field of regulation of capital movements and payments in Russia
Without prejudice to Article 52, the Parties, recognizing the necessity of a stable functioning and development of the Russian domestic currency market shall cooperate in the field of creation of an effective system of regulation of capital movements and payments in Russia.
Bearing in mind the experience, competence and respective possibilities of the Member States and the Community, cooperation in this field supported by technical assistance from the Community shall cover inter alia:
In order to permit an optimal use of the resources available the Parties shall ensure close coordination with the measures undertaken by other countries and international organizations.
TITLE VIII
COOPERATION ON PREVENTION OF ILLEGAL ACTIVITIES
Article 84
The Parties shall establish cooperation aimed at preventing illegal activities such as:
The cooperation in the abovementioned areas will be based on mutual consultations and close interactions and will provide technical and administrative assistance including:
TITLE IX
CULTURAL COOPERATION
Article 85
Cooperation shall cover in particular the following areas:
TITLE X
FINANCIAL COOPERATION
Article 86
In order to achieve the objectives of this Agreement, in particular Titles VI and VII thereof, and in accordance with Articles 87, 88 and 89, Russia 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 Russia.
Article 87
This financial assistance shall be covered within the framework of the Tacis programme foreseen in the Community's relevant Council Regulation.
Article 88
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 Parties taking into account Russia's needs, sectoral absorption capacities and progress with reform. The Parties shall inform the Cooperation Council thereof.
Article 89
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 organizations 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 90
A Cooperation Council is hereby established which shall monitor the implementation of this Agreement. It shall meet at ministerial level once a year and when circumstances require. 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 representatives within the Cooperation Council of the Parties.
Article 91
Article 92
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 such duties as are provided for in Articles 16, 17 and 53 and in Annex 2, and how the Committee shall function.
Article 93
The Cooperation Council, may decide to set up any other special committees 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 94
When 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 95
A Parliamentary Cooperation Committee is hereby established. It shall meet at intervals which it shall itself determine.
Article 96
Article 97
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 Committee may make recommendations to the Cooperation Council.
Article 98
Within the limits of their respective powers, the Parties:
Article 99
Nothing in this Agreement shall prevent a Party from taking any measures:
which it considers necessary for the protection of its essential security interests:
to prevent the disclosure of information contrary to its essential security interests;
which relate to fissionable materials or the materials from which they are derived;
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;
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; or
which it considers necessary to respect its international obligations and commitments or autonomous measures taken in line with such generally accepted international obligations and commitments on the control of dual use industrial goods and technology.
Article 100
In the fields covered by this Agreement and without prejudice to any special provisions contained therein:
Article 101
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 102
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 17, 18, 101 and 107.
Article 103
Treatment granted to Russia hereunder shall in no case be more favourable than that granted by the Member States to each other.
Article 104
For the purposes of this Agreement, the term ‘Parties’ shall mean the Community, or its Member States, or the Community and its Member States, in accordance with their respective powers, of the one part, and Russia, of the other part.
Article 105
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 106
This 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 at least six months before it expires.
Article 107
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 108
Annexes 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 together with Protocols 1 and 2 shall form an integral part of this Agreement.
Article 109
This Agreement shall not, until equivalent rights for individuals and economic operators have been achieved hereunder, affect rights assured to them through agreements binding one or more Member States, on the one hand, and Russia, 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 110
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 Russia.
Article 111
This Agreement is drawn up in duplicate in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese, Spanish and Russian languages, each of these text being equally authentic.
Article 112
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 each other that the procedures referred to in the first paragraph have been completed.
Upon its entry into force, and as far as relations between the Community and Russia are concerned, this Agreement shall replace, without prejudice to Article 22 (1), (3) and (5), the Agreement between the European Economic Community and 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.
Hecho en Corfú, el veinticuatro de junio de mil novecientos noventa y cuatro.
Udfærdiget i Corfu den fireogtyvende juni nitten hundrede og fireoghalvfems.
Geschehen zu Korfu am vierundzwanzigsten Juni neunzehnhundertvierundneunzig.
Έγινε στην Κέρκυρα, στις είκοσι τέσσερις Ιουνίου χίλια εννιακόσια ενενήντα τέσσερα.
Done at Corfu on the twenty-fourth day of June in the year one thousand nine hundred and ninety-four.
Fait à Corfou, le vingt-quatre juin mil neuf cent quatre-vingt-quatorze.
Fatto a Corfù, addì ventiquattro giugno millenovecentonovantaquattro.
Gedaan te Korfoe, de vierentwintigste juni negentienhonderd vierennegentig.
Feito em Corfu, em vinte e quatro de Junho de mil novecentos e noventa e quatro.
Pour le Royaume de Belgique
Voor het Koninkrijk België
Für das Königreich Belgien
På Kongeriget Danmarks vegne
Für die Bundesrepublik Deutschland
Για την Ελληνική Δημοκρατία
Por el Reino de España
Pour la République française
Thar cheann Na hÉireann
For Ireland
Per la Repubblica italiana
Pour le Grand-Duché de Luxembourg
Voor het Koninkrijk der Nederlanden
Pela República Portuguesa
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
LIST OF ANNEXES
|
Annex 1 |
Indicative list of advantages granted by Russia to the countries of the former USSR in -areas covered by this Agreement (as of January 1994) |
|
Annex 2 |
Derogations from Article 15 (quantitative restrictions) |
|
Annex 3 |
Community reservations in accordance with Article 28 (2) |
|
Annex 4 |
Russian reservations in accordance with Article 28 (3) |
|
Annex 5 |
Cross-border supply of services List of services for which the Parties shall grant most-favoured-nation treatment |
|
Annex 6 |
Definitions in relation to financial services |
|
Annex 7 |
Financial services |
|
Annex 8 |
Provisions in relation to Article 34 and 38 |
|
Annex 9 |
Transitional period for provisions on competition and for the introduction of quantitative restrictions |
|
Annex 10 |
Protection of intellectual, industrial and commercial property referred to in Article 54 |
|
LIST OF PROTOCOLS |
|
|
Protocol 1 |
on the establishment of a coal and steel contact group |
|
Protocol 2 |
on mutual administrative assistance for the correct application of customs legislation. |
ANNEX 1
INDICATIVE LIST OF ADVANTAGES GRANTED BY RUSSIA TO THE COUNTRIES OF THE FORMER USSR IN AREAS COVERED BY THIS AGREEMENT
(as of January 1994)
Advantages are granted bilaterally by respective agreements or by established practice. They provide for, inter alia:
Import/export taxation
No import duties are applied.
No export duties are applied with respect to goods delivered under annual bilateral interstate trade and cooperation arrangements within the nomenclature and volumes, stipulated therein, considered as ‘exportation for Federal State needs’ as defined by corresponding Russian law.
No VAT is applied on import.
No excise duties are applied on import.
Allocation of quotas and licensing procedures
Export quotas for deliveries of Russian products under annual bilateral interstate trade and cooperation agreements are opened in the same way as for ‘deliveries for State needs’.
Special conditions for all kinds of activities in banking and the financial sector (including establishment, operation), movement of special and current payments, access to securities, etc.
Price system regarding Russian export of some kinds of raw materials and semi-finished products (coal, crude oil, natural gas, refined oil products)
Prices are determined on the basis of corresponding average world prices converted in roubles or respective national currency at a rate quoted by the Central Bank of Russia as of the 15th day of the month previous to the month of exportation.
Conditions of transportation and transit
As regards countries of the Commonwealth of Independent States, that are Parties to the Multilateral Agreement ‘on the principles and conditions of relations in the field of transport’ and/or on the basis of bilateral arrangements on transportation and transit, no taxes or fees are applied on a reciprocal basis for the transportation and customs clearing of goods (including goods in transit) and transit of vehicles.
Communications services, including postal, courier, telecommunications, audiovisual and other services
Access to information systems and databases
ANNEX 2
DEROGATIONS FROM ARTICLE 15 (QUANTITATIVE RESTRICTIONS)
1. Exceptional measures which derogate from the provisions of Article 15 may be taken by Russia in the form of quantitative restrictions on a non-discriminatory basis as provided for in Article XIII of the GATT. Such measures can only be taken after the end of the first calendar year following signature of the Agreement.
2. These measures may only be taken in the circumstances mentioned in Annex 9.
3. The total value of imports of goods which are subject to these measures may not exceed the following proportions of total imports of goods originating in the Community:
The abovementioned proportions will be determined by reference to the value of imports by Russia of goods originating in the Community during the last year prior to the introduction of quantitative restrictions for which statistics are available.
These provisions shall not be circumvented by increased tariff protection on the imported goods concerned.
4. These measures shall not be applied after Russia's accession to the GATT/WTO unless otherwise provided for in Russia's accession protocol to the GATT/WTO.
5. Russia shall inform the Cooperation Committee of any measures it intends to take under the terms of the present Annex, and consultations shall be held in the Cooperation Committee if so requested by the Community on such measures before they are taken, and on the sectors to which they apply.
ANNEX 3
COMMUNITY RESERVATIONS IN ACCORDANCE WITH ARTICLE 28 (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 is restricted to fishing vessels flying the flag of a Member State and registered in Community territory unless otherwise provided for.
Real estate purchase
In some Member States, the purchase of real estate is subject to limitations.
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 infrastructures is restricted.
Professional services
Services reserved to natural persons nationals of Members 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-Community controlled companies is subject to notification, or, as necessary, authorization.
News agency services
In some Member States limitations of foreign participation in publishing companies and broadcasting companies.
ANNEX 4
RUSSIAN RESERVATIONS IN ACCORDANCE WITH ARTICLE 28 (3)
Use of subsoil and natural resources including mining
1. A concession may be required for mining some ores and metals for non-Russian controlled companies.
2. Some special auctions for the use of subsoil and natural resources for small enterprises or defence enterprises undergoing military conversion may be closed to non-Russian controlled companies.
Fishing
Authorization from the respective governmental body is necessary for fishing.
Real estate (immovable property) purchase and brokerage
Non-Russian controlled companies are not allowed to acquire plots of land. Those companies, however, can lease plots of land for a period of no more than 49 years.
As an exception to paragraph (a), non-Russian controlled companies can acquire plots of land in the cases when such companies are recognized as buyers in accordance with the Law of the Russian Federation on the privatization of state and municipal enterprises in the Russian Federation and other respective legislation and regulations, including the requirements of programmes of privatization:
Telecommunications
Telecommunication services including mobile and satellite services, construction, installation, operation and maintenance of communication devices are restricted.
Mass media services
Some limitations of foreign participation in mass media companies.
Professional activities
Some activities closed, limited or subject to special requirements for natural persons who are non-Russian nationals.
Lease of Federal property
The lease of Federal property whose value exceeds 100 million roubles to companies with foreign participation is effected with the permission of the state authority empowered to manage such property. This maximum is to be raised and will be expressed in convertible currency.
ANNEX 5
CROSS-BORDER SUPPLY OF SERVICES
LIST OF SERVICES FOR WHICH THE PARTIES SHALL GRANT MOST-FAVOURED-NATION (MFN) TREATMENT
(a) Sectors to be covered, according to the provisional Central Product Classification (CPC) of the United Nations Organization:
Consultancy services relating to accounting review services: part of CPC 86212 other than ‘auditing services’
Consultancy services relating to bookkeeping services CPC 86220
Engineering services CPC 8672
Integrated engineering services CPC 8673
Advisory and pre-design architectural services CPC 86711
Architectural design services CPC 86712
Urban planning and landscape architectural services CPC 8674
Computer and related services:
Advertising CPC 871
Market research and opinion polling CPC 864
Management consulting services CPC 866
Technical testing and analysis services CPC 8676
Advisory and consulting services relating to agriculture, hunting and forestry
Advisory and consulting services relating to fishing
Advisory and consulting services relating to mining
Printing and publishing CPC 88442.
Convention services
Translation services CPC 87905
Interior design services CPC 87907
Telecommunications:
Construction and related engineering services: site investigation work CPC 5111
Franchising CPC 8929
Adult education services by correspondence part of CPC 924
News and press agency services CPC 962
Rental/leasing services without operators related to other transport equipment (CPC 83101 private cars, 83102 goods transport vehicles, 83105) and relating to other machinery and equipment (CPC 83106, 83107, 83108, 83109)
Commission agents services and wholesale trade services related to import-export trade (part of CPC 621 and 622)
Research and development in software
Reinsurance and retrocession and the services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services
Insurance of risks relating to:
maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: persons being transported, the goods being exported from or imported to, the same vehicle transporting the goods and any liability arising therefrom;
goods in international transit; and
accident and health insurance; and personal motor liability insurance in the case of cross-border movement.
(b) Data processing services CPC 843
Provision and transfer of financial information and financial data processing (see paragraphs B.11 and B.12 of Annex 6):
For the services listed under paragraph (b) MFN subject to Article 38 will be applied, without paragraph A of Annex 8.
ANNEX 6
DEFINITIONS IN RELATION TO FINANCIAL SERVICES
A financial service is any service of a financial nature offered by a financial service supplier of one of the Parties. Financial services include the following activities:
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 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 (including 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 broking.
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.
Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services.
Advisory intermediation and other auxiliary financial services on all the activities listed in points 1 to 11 above, including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.
The following activities are excluded from the definition of financial services:
activities carried out by central banks or by any other public institution 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 suppliers 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 suppliers in competition with public entities or private institutions.
ANNEX 7
FINANCIAL SERVICES
A. In respect of banking services referred to in Annex 6, Part B, the most-favoured-nation treatment granted pursuant to Article 28 (1), with regard to establishment by means of the setting up of a subsidiary only (excluding therefore establishment by means of the setting up of a branch), and the national treatment granted pursuant to Article 28 (3), by Russia means treatment no less favourable than the treatment granted by Russia to its own companies with the following exceptions:
Russia reserves the right:
to continue to apply to Russian subsidiaries and branches of Community companies the ceiling limiting the overall share of foreign capital in the Russian banking system which is in operation on the date of signature of the Agreement;
to apply to Russian subsidiaries of Community companies a minimum capital requirement higher than that applied to its own companies provided that this minimum capital requirement is not raised as compared with the one in force on the date of signature of the Agreement before national treatment is applied in respect of the minimum capital requirement;
to restrict the number of branches of Russian subsidiaries of Community companies;
to set a minimum level not higher than ECU 55 000 for balances on accounts of each physical person with Russian subsidiaries of Community companies;
to prohibit Russian subsidiaries of Community companies from carrying out transactions with shares and instruments convertible into shares of Russian joint stock companies;
to prohibit Russian subsidiaries of Community companies from carrying out transactions with Russian residents.
The exceptions in paragraph 1 may only apply under the following conditions:
provided that they are applied to subsidiaries of companies of every country; and
for the exceptions mentioned in paragraph 1, subparagraphs (c), (d) and (e):
until the expiry of five years from signature of the Agreement at the latest for the exceptions mentioned in subparagraphs (c) and (d) and three years for the exception mentioned in subparagraph (e); and
where the proportion of the share capital of the Russian subsidiary of the Community company held by Russian nationals or companies does not exceed fifty percent (50 %); and
to Russian subsidiaries of Community companies established after the entry into force of these exceptions;
for the exception mentioned in paragraph 1, subparagraph (f), until 1 January 1996 and only to Russian subsidiaries of Community companies established after 15 November 1993 or which have not commenced their operations with Russian residents before 15 November 1993.
After the expiry of five years from the date of signature of the Agreement, Russia will consider the possibility of:
increasing the ceiling limiting the overall share of foreign capital in the Russian banking system which is in operation on the date of the signature of this Agreement, mentioned in subparagraph (a) of paragraph 1, taking into consideration all the relevant monetary, fiscal, financial and balance of payments considerations and the state of the banking system of Russia;
reducing the minimum capital requirement, mentioned in subparagraph (b) of paragraph 1, taking into consideration all the relevant monetary, fiscal, financial and balance of payments considerations and the state of the banking system of Russia.
After the expiry of three years from the signature of this Agreement, Russia will consider the softening of restrictions mentioned in subparagraphs (c) and (d) of paragraph 1, taking into consideration all the relevant monetary, fiscal, financial and balance of payments considerations and the state of the banking system of Russia.
B. In respect of insurance services referred to in Annex 6, Part A, paragraphs 1 and 2 the most-favoured-nation treatment granted pursuant to Article 28 (1) with regard to establishment by means of the setting up of a subsidiary only authorized for the insurance operations is set out in the legislation and regulations applicable in Russia on the day of establishment taking into account the following conditions:
upon the expiry of five years from signature of the Agreement at the latest, Russia shall abolish the maximum foreign shareholding limit of 49 % in company capital;
during the transitional period of five years the abolition of the maximum foreign shareholding limit does not prevent Russia from introducing measures for granting licences to Community companies in some classes of insurance. These measures could be taken only in the field of compulsory insurance schemes in the social security, or for public procurement, or for the reasons described in Article 29 (2), and shall not nullify or substantially impair the effects of the abolition of the maximum foreign shareholding limit of 49 %.
ANNEX 8
PROVISIONS IN RELATION TO ARTICLES 34 AND 38
Part A
The consultations shall begin within 30 days of the request therefor by the first Party. They shall be held with a view to reaching agreement either on:
If agreement is not reached within 60 days of the request for consultations made by the first Party, such first Party may make appropriate compensatory adjustments to its obligations. Such adjustments shall be made to the extent and for such time as is necessary to take account of the significantly more restrictive situation created by the other Party. Priority must be given to those measures which least disturb the functioning of the Agreement. The rights which economic operators have acquired under the Agreement at the time such adjustments are made shall not be affected by the said adjustments.
Part B
1. Acting in the spirit of partnership and cooperation the Government of Russia shall inform the Community, during a transitional period of three years following the signature of the Agreement, of its intentions to submit new legislation or adopt new regulations which may render the conditions for the establishment or operation of Russian subsidiaries and branches of Community companies more restrictive than the situation existing on the day preceding the date of signature of the Agreement. The Community may request Russia to communicate the drafts of such legislation or regulations and to enter into consultations about those drafts.
2. Where new legislation or regulations introduced in Russia within the transitional period mentioned in paragraph 1 would result in rendering the conditions for operation of Russian subsidiaries and branches of Community companies more restrictive than the situation existing on the day of signature of the Agreement, such respective legislation or regulations shall not apply to those subsidiaries and branches already established in Russia at the time of entry into force of the relevant act, until the expiry of a period of three years from such entry into force.
ANNEX 9
TRANSITIONAL PERIOD FOR PROVISIONS ON COMPETITION AND FOR THE INTRODUCTION OF QUANTITATIVE RESTRICTIONS
The circumstances mentioned in Article 53 paragraph 2.3 and in Annex 2, paragraph 2 are understood in respect of sectors of the Russian economy which:
ANNEX 10
PROTECTION OF INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY REFERRED TO IN ARTICLE 54
1. Russia shall continue to improve the protection of intellectual, industrial and commercial property rights in order to provide, by the end of the fifth year after the entry into force of the Agreement, for a level of protection similar to that existing in the Community, including effective means of enforcing such rights.
2. By the end of the fifth year following entry into force of the Agreement, Russia shall accede to the multilateral conventions on intellectual, industrial and commercial property rights to which Member States are parties or which are de facto applied by Member States, according to the relevant provisions contained in these conventions:
3. The Cooperation Council may recommend that paragraph 2 of this Annex shall apply to other multilateral conventions.
4. From the entry into force of this Agreement, Russia 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 Russia to any third country on an effective reciprocal basis and to advantages granted by Russia to another country of the former USSR.
PROTOCOL 1
on the establishment of a coal and steel contact group
1. A contact group is established between the Parties. The group is composed of representatives of the Community and of Russia.
2. The contact group exchanges information on the situation of the coal and steel industries in both territories and on trade between them, particularly with the purpose of identifying such problems as might arise.
3. The contact group also examines the situation of the coal and steel industries at world level, including developments in international trade.
4. The contact group exchanges all useful information on the structure of the industries concerned, the development of their production capacities, the science and research progress in the relevant fields, and the evolution of employment. The group also examines pollution and environmental problems.
5. The contact group also examines the progress made in the framework of technical assistance between the Parties, including assistance to financial, commercial and technical management.
6. The contact group exchanges all relevant information as to attitudes taken, or to be taken, in the appropriate international organizations or fora.
7. As and when both Parties agree that the presence and/or participation of representatives of the industries is appropriate, the contact group is enlarged to include them.
8. The contact group meets twice a year, alternately on the territories of each Party.
9. The chairmanship of the contact group is held alternately by a representative of the Commission of the European Communities and a representative of the Government of the Russian Federation.
PROTOCOL 2
on mutual administrative assistance for the correct application of customs legislation
Article 1
Definitions
For the purposes of this Protocol:
‘customs legislation’ shall mean provisions applicable in the territories of the Parties and governing the import, export, transit of goods and their placing under any customs procedure, including measures of prohibition, restriction and control and adopted by the said Parties;
‘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;
‘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;
‘contravention’, shall mean any violation of the customs legislation as well as any attempted violation of such legislation.
Article 2
Scope
Article 3
Assistance on request
At the request of the applicant authority, the requested authority shall 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 contravening or have contravened customs legislation;
places where stocks of goods have been assembled in such a way that there are reasonable grounds for supposing that they are intended as supplies for operations contrary to the customs legislation of the other Party;
movements of goods notified as possibly giving rise to contraventions of customs legislation;
means of transport for which there are reasonable grounds for believing that they have been, or are or may be used in the contravening of customs legislation.
Article 4
Spontaneous assistance
The Parties shall within their competences provide each other with assistance without prior request where they consider that to be necessary for the correct application of customs legislation, particularly when they obtain information pertaining to:
Article 5
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 being the target of the investigations;
a summary of the relevant facts.
Article 6
Execution of requests
Article 7
Form in which information is to be communicated
Article 8
Exceptions to the obligation to provide assistance
The Parties may refuse to give assistance as provided for in this Protocol, provide it partially or provide it subject to certain conditions or requirements, where to do so would:
be likely to prejudice sovereignty, public policy, security or other essential interests;
or
violate an industrial, commercial or professional secret.
Article 9
Obligation to observe confidentiality
Article 10
Use of information
Article 11
Experts and witnesses
An official of a requested authority may be authorized to appear, within the limitations of the authorization granted, as expert or witness in judicial or administrative proceedings regarding the matters covered by this Protocol in the jurisdiction of another Party, and produce such objects, documents or authenticated copies thereof, as may be needed for the proceedings. The request for an appearance must indicate specifically on what matters and by virtue of what title or qualification the official will be questioned.
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 dependent upon public services.
Article 13
Implementation
Article 14
Complementarity
PROTOCOL AGREEMENT TO THE PARTNERSHIP AND COOPERATION
establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part
THE 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 NOTHERN 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
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 RUSSIAN FEDERATION
of the other part,
HAVING REGARD TO the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and thereby to the Community on 1 January 1995,
HAVE AGREED AS FOLLOWS:
Article 1
The Republic of Austria, the Republic of Finland and the Kingdom of Sweden 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 Russian Federation, of the other part, signed at Corfu on 24 June 1994 (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, as well as of the Joint Declarations, Exchanges of Letters, and Declaration by the Russian Federation annexed to the Final Act signed on the same date.
Article 2
The texts of the Agreement, the Final Act and all documents annexed to it are drawn up in the Finnish and Swedish languages. They are annexed to the Protocol ( 1 ) 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 3
This Protocol is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Russian languages, each of these texts being equally authentic.
Article 4
The Protocol will be approved by the Parties in accordance with their own procedures.
This Protocol shall enter into force on the first day of the second month following the day on which the Parties notify each other of the completion of the procedures referred to in the first paragraph.
Hecho en Bruselas, el veintiuno de mayo de mil novecientos noventa y siete.
Udfærdiget i Bruxelles den enogtyvende maj nitten hundrede og syvoghalvfems.
Geschehen zu Brüssel am einundzwanzigsten Mai neunzehnhundertsiebenundneunzig.
Έγινε στις Βρυξέλλες, στις είκοσι μία Μαΐου χίλια εννιακόσια ενενήντα επτά.
Done at Brussels on the twenty-first day of May in the year one thousand nine hundred and ninety-seven.
Fait à Bruxelles, le vingt et un mai mil neuf cent quatre-vingt-dix-sept.
Fatto a Bruxelles, addì ventuno maggio millenovecentonovantasette.
Gedaan te Brussel, de eenentwintigste mei negentienhonderdzevenennegentig.
Feito em Bruxelas, em vinte e um de Maio de mil novecentos e noventa e sete.
Tehty Brysselissä kahdentenakymmenentenäensimmäisenä päivänä toukokuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäseitsemän.
Som skedde i Bryssel den tjugoförsta maj nittonhundranittiosju.
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 Franstalige Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest.
Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.
På Kongeriget Danmarks vegne
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
PROTOCOL
to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, 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 RUSSIAN FEDERATION
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 Russian Federation, of the other part, signed at Corfu on 24 June 1994 (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, as well as of the Joint Declarations, Exchanges of Letters, and Declaration by the Russian Federation annexed to the Final Act signed on the same date and the Protocol to the Agreement of 21 May 1997 that entered into force on 12 October 2000.
Article 2
To take into account recent institutional developments within the European Union, the Parties agree that following the 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 as well as the Protocol to the Partnership and Cooperation Agreement of 21 May 1997 are drawn up in the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovene and Slovak languages.
They are annexed to this Protocol ( 2 ) and are equally authentic with the texts in the other languages in which the Agreement, the Final Act and the documents annexed to it as well as the Protocol to the Partnership and Cooperation Agreement of 21 May 1997 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, Slovene, Slovak, Spanish, Swedish and Russian languages, each of these texts being equally authentic.
Hecho en Luxemburgo, el veintisiete de abril de dos mil cuatro.
V Lucemburku dne dvacátého sedmého dubna dva tisíce čtyři.
Udfærdiget i Luxembourg den syvogtyvende april to tusind og fire.
Geschehen zu Luxemburg am siebenundzwanzigsten April zweitausendundvier.
Kahe tuhande neljanda aasta kahekümne seitsmendal aprillil Luxembourgis.
Έγινε στo Λουξεμβούργο, στις είκοσι επτά Απριλίου δύο χιλιάδες τέσσερα.
Done at Luxembourg on the twenty‐seventh day of April in the year two thousand and four.
Fait à Luxembourg, le vingt‐sept avril deux mille quatre.
Fatto a Lussemburgo, addì ventisette aprile duemilaquattro.
Luksemburgā, divi tūkstoši ceturtā gada divdesmit septītajā aprīlī.
Priimta du tūkstančiai ketvirtų metų balandžio dvidešimt septintą dieną Liuksemburge.
Kelt Luxembourgban, a kétezer-negyedik év április havának huszonhetedik napján.
Magħmul fil-Lussemburgu fis-sebgħa u għoxrin jum ta' April tas-sena elfejn u erbgħa.
Gedaan te Luxemburg, de zevenentwintigste april tweeduizend vier.
Sporządzono w Luksemburgu, dnia dwudziestego siódmego kwietnia roku dwa tysiące czwartego.
Feito no Luxemburgo, em vinte e sete de Abril de dois mil e quatro.
V Luxemburgu dvadsiateho siedmeho apríla dvetisícštyri.
V Luxembourgu, dne sedemindvajsetega aprila leta dva tisoč štiri.
Tehty Luxemburgissa kahdentenakymmenentenäseitsemäntenä päivänä huhtikuuta vuonna kaksituhattaneljä.
Som skedde i Luxemburg den tjugosjunde april tjugohundrafyra.
Совершенно в Люксембурге двацати седьмого апреля 2004 г.
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
Аъзо Давлатлар Номидан
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
Европа Xамжамиятлари Номидан
Por la Federación de Rusia
Za Ruskou federaci
For Den Russiske Føderation
Für die Russische Föderation
Venemaa Föderatsiooni nimel
Για τη Ρωσική Ομοσπονδία
For the Russian Federation
Pour la Fédération de Russie
Per la Federazione russa
Krievijas Federācijas vārdā
Rusijos Federacijos vardu
Az Orosz Föderáció részéről
Għall-Federazzjoni Russa
Voor de Russische Federatie
W imieniu Federacji Rosyjskiej
Pela Federação da Rússia
Za Ruskú federáciu
Za Rusko federacijo
Venäjän federaation puolesta
På ryska federationen vägnar
Ўзбекистон Республикаси Номидан
PROTOCOL
to the Partnership and Cooperation Agreement, establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, 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 RUSSIAN FEDERATION,
of the other part,
hereinafter referred to as ‘the Parties’ for the purposes of this Protocol,
HAVING REGARD TO the accession of the Republic of Bulgaria and Romania to the European Union, on 1 January 2007,
CONSIDERING the new situation in relations between the Russian Federation and the European Union arising from the accession to the EU of two new Member States, which opens opportunities and brings about challenges for cooperation between the Russian Federation 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 Partnership and Cooperation Agreement, establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part,
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 the Russian Federation, of the other part, signed in Corfu on 24 June 1994 and entered into force on 1 December 1997, (hereinafter the Agreement), and shall 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 Joint Declarations, Declarations and Exchanges of Letters annexed to the Final Act signed on the same date and the Protocol to the Agreement of 21 May 1997, that entered into force on 1 December 2000, and the Protocol to the Agreement of 27 April 2004 that entered into force on 1 March 2005.
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, Slovak, Slovene, Spanish, Swedish and Russian languages, each of these texts being equally authentic.
Съставено в Люксембург на двадесет и трети април две хиляди и седма година
Hecho en Luxemburgo, el veintitrés de abril de dos mil siete.
V Lucemburku dne dvacátého třetího dubna dva tisíce sedm.
Udfærdiget i Luxembourg den treogtyvende april to tusind og syv.
Geschehen zu Luxemburg am dreiundzwanzigsten April zweitausendsieben.
Kahe tuhande seitsmenda aasta aprillikuu kahekümne kolmandal päeval Luxembourgis.
Έγινε στο Λουξεμβούργο, στις είκοσι τρεις Απριλίου δύο χιλιάδες επτά.
Done at Luxembourg on the twenty-third day of April in the year two thousand and seven.
Fait à Luxembourg, le vingt-trois avril deux mille sept.
Fatto a Lussemburgo, addì ventitré aprile duemilasette.
Luksemburgā, divi tūkstoši septītā gada divdesmit trešajā aprīlī.
Priimta du tūkstančiai septintųjų metų balandžio dvidešimt trečią dieną Liuksemburge.
Kelt Luxembourgban, a kettőezer hetedik év április havának huszonharmadik napján.
Magħmul fil-Lussemburgu, fit-tlieta u għoxrin jum ta' April tas-sena elfejn u sebgħa
Gedaan te Luxemburg, de drieëntwintigste april tweeduizend zeven.
Sporządzono w Luksemburgu dnia dwudziestego trzeciego kwietnia roku dwa tysiące siódmego.
Feito no Luxemburgo, em vinte e três de Abril de dois mil e sete.
Încheiat la Luxemburg la douăzeci și trei aprilie, anul două mii șapte.
V Luxemburgu dňa dvadsiateho tretieho apríla dvetisíssedem.
V Luxembourgu, triindvajsetega aprila leta dva tisoč sedem.
Tehty Luxemburgissa kahdentenakymmenentenäkolmantena päivänä huhtikuuta vuonna kaksituhattaseitsemän.
Som skedde i Luxemburg den tjugotredje april tjugohundrasju.
Совершено в Люксембурге двадцать третьего апреля две тысячи седьмого года.
За държавите-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
Dalībvalstu 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 государства-члены
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 Communidades Europeias
Pentru Comunitatea Europeană
Za Európske spoločenstvá
Za Evropske skupnosti
Euroopan yhteisöjen puolesta
På europeiska gemenskapernas vägnar
За Европейские сообщества
За Руската Федерация
Por la Federación de Rusia
Za Ruskou federaci
For Den Russiske Føderation
Für die Russische Föderation
Venemaa Föderatsiooni nimel
Για τη Ρωσική Ομοσπονδία
For the Russian Federation
Pour la Fédération de russie
Per la Federazione russa
Krievijas Federācijas vārdā
Rusijos Federacijos vardu
Az Orosz Föderáció részéről
Għall-Federazzjoni Russa
Voor de Russische Federatie
W imieniu Federacji Rosyjskiej
Pela Federação da Rússia
Pentru Federația Rusă
Za Ruskú federáciu
Za Rusko federacijo
Venäjän federaation puolesta
För Ryska Federationen
За Российскую Федерацию
PROTOCOL
to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Croatia 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,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
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
Contracting Parties to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community, hereinafter referred to as the ‘Member States’,
THE EUROPEAN UNION, hereafter referred to as ‘the Union’, and
THE EUROPEAN ATOMIC ENERGY COMMUNITY
of the one part, and
THE RUSSIAN FEDERATION
of the other part,
hereinafter referred to together as ‘the Parties’,
WHEREAS the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, hereinafter referred to as ‘the Agreement’, was signed in Corfu on 24 June 1994;
WHEREAS the Treaty of Accession of the Republic of Croatia to the European Union was signed in Brussels on 9 December 2011;
WHEREAS, pursuant to Article 6(2) of the Act concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community, the Republic of Croatia's accession to the Agreement is to be agreed by the conclusion of a protocol to the Agreement;
TAKING INTO ACCOUNT the accession of the Republic of Croatia to the European Union on 1 July 2013;
HAVE AGREED AS FOLLOWS:
Article 1
The Republic of Croatia hereby accedes to the Agreement. The Republic of Croatia shall adopt and take note of, in the same manner as the other Member States, the texts of the Agreement, the Joint Declarations, Declarations and Exchanges of Letters annexed to the Final Act signed on the same date and the Protocol to the Agreement of 21 May 1997 which entered into force on 1 December 2000, the Protocol to the Agreement of 27 April 2004 which entered into force on 1 March 2005, and the Protocol to the Agreement of 23 April 2007 which entered into force on 1 May 2008.
Article 2
After the signature of this Protocol, the Union shall communicate the Croatian language version of the Agreement, the Final Act and all documents annexed to it as well as the Protocols to the Agreement of 21 May 1997, 27 April 2004 and 23 April 2007 to the Member States and to the Russian Federation. As from the date of provisional application of this Protocol, the Croatian language version shall become authentic under the same conditions as the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Russian language versions of the Agreement.
Article 3
This Protocol shall form an integral part of the Agreement.
Article 4
Article 5
This Protocol is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Russian languages, each of these texts being equally authentic.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly empowered to this effect, have signed this Protocol.
Съставено в Брюксел на седемнадесети декември две хиляди и четиринадесета година.
Hecho en Bruselas, el diecisiete de diciembre de dos mil catorce.
V Bruselu dne sedmnáctého prosince dva tisíce čtrnáct.
Udfærdiget i Bruxelles den syttende december to tusind og fjorten.
Geschehen zu Brüssel am siebzehnten Dezember zweitausendvierzehn.
Kahe tuhande neljateistkümnenda aasta detsembrikuu seitsmeteistkümnendal päeval Brüsselis.
Έγινε στις Βρυξέλλες, στις δέκα εφτά Δεκεμβρίου δύο χιλιάδες δεκατέσσερα.
Done at Brussels on the seventeenth day of December in the year two thousand and fourteen.
Fait à Bruxelles, le dix-sept décembre deux mille quatorze.
Sastavljeno u Bruxellesu sedamnaestog prosinca dvije tisuće četrnaeste.
Fatto a Bruxelles, addì diciassette dicembre duemilaquattordici.
Briselē, divi tūkstoši četrpadsmitā gada septiņpadsmitajā decembrī.
Priimta du tūkstančiai keturioliktų metų gruodžio septynioliktą dieną Briuselyje.
Kelt Brüsszelben, a kétezer-tizennegyedik év december havának tizenhetedik napján.
Magħmul fi Brussell, fis-sbatax-il jum ta’ Diċembru tas-sena elfejn u erbatax.
Gedaan te Brussel, de zeventiende december tweeduizend veertien.
Sporządzono w Brukseli dnia siedemnastego grudnia roku dwa tysiące czternastego.
Feito em Bruxelas, em dezassete de dezembro de dois mil e catorze.
Întocmit la Bruxelles la șaptesprezece decembrie două mii paisprezece.
V Bruseli sedemnásteho decembra dvetisícštrnásť.
V Bruslju, dne sedemnajstega decembra leta dva tisoč štirinajst.
Tehty Brysselissä seitsemäntenätoista päivänä joulukuuta vuonna kaksituhattaneljätoista.
Som skedde i Bryssel den sjuttonde december tjugohundrafjorton.
Совершено в г. Брюсселе семнадцатого декабря две тысячи четырнадцатого года.
За държавите-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
Za države članice
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
Pentru statele membre
Za členské štáty
Za države članice
Jäsenvaltioiden puolesta
För medlemsstaterna
За государства-члень
За Европейския съюз
Рог la Unión Europea
Za Evropskou unii
For Den Europæiske Union
Für die Europäische Union
Euroopa Liidu nimel
Για την Ευρωπαϊκή Ένωση
For the European Union
Pour l'Union européenne
Za Europsku uniju
Per l'Unione europea
Eiropas Savienības vārdā –
Europos Sąjungos vardu
Az Európai Unió részéről
Għall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela União Europeia
Pentru Uniunea Europeană
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
För Europeiska unionen
За Евроиейский союз
За Европейската общност за атомна енергия
Por la Comunidad Europea de la Energía Atómica
Za Evropské společenství pro atomovou energii
For Det Europæiske Atomenergifællesskab
Für die Europäische Atomgemeinschaft
Euroopa Aatomienergiaühenduse nimel
Για την Ευρωπαϊκή Κοινότητα Ατομικής Ενέργειας
For the European Atomic Energy Community
Pour la Communauté européenne de l'énergie atomique
Za Europsku zajednicu za atomsku energiju
Per la Comunità europea dell'energia atomica
Eiropas Atomenerģijas Kopienas vārdā –
Europos atominės energijos bendrijos vardu
az Európai Atomenergia-közösség részéről
F'isem il-Komunità Ewropea tal-Enerġija Atomika
Voor de Europese Gemeenschap voor Atoomenergie
W imieniu Europejskiej Wspólnoty Energii Atomowej
Pela Comunidade Europeia da Energia Atómica
Pentru Comunitatea Europeană a Energiei Atomice
za Európske spoločenstvo pre atómovú energiu
Za Evropsko skupnost za atomsko energijo
Euroopan atomienergiajärjestön puolesta
För Europeiska atomenergigemenskapen
За Европейское сообщество по атомной знергии
За Руската Федерация
Por la Federación de Rusia
Za Ruskou Federaci
For Den Russiske Føderation
Für die Russische Föderation
Venemaa Föderatsiooni nimel
Για τη Ρωσική Ομοσπονδία
For the Russian Federation
Pour la Fédération de Russie
Per la Federazione Russa
Krievijas Federācijas vārdā –
Rusijos Federacijos vardu
Az Orosz Föderáció részéről
Għall-Federazzjoni Russa
Voor de Russische Federatie
W imieniu Federacji Rosyjskiej
Pela Federação da Rússia
Pentru Federația Rusă
Za Ruskú Federáciu
Za Rusko Federacijo
Venäjän Federaation puolesta
För Ryska Federationen
За Pоссийскую Федерацию
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 PORTUGUESE REPUBLIC,
the UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty establishing the EUROPEAN COMMUNITY, the Treaty establishing the EUROPEAN COAL AND STEEL COMMUNITY, and the Treaty establishing the EUROPEAN ATOMIC ENERGY COMMUNITY,
hereinafter referred to as the ‘Member States’, and of
the EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL COMMUNITY and the EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as ‘the Community’,
of the one part, and
the plenipotentiary of the RUSSIAN FEDERATION, hereinafter referred to as ‘Russia’,
of the other part,
meeting at Corfu this twenty-fourth day of June in the year one thousand nine hundred and ninety-four for the signature of the Agreement on Partnership and Cooperation establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, hereinafter referred to as the ‘Agreement on Partnership and Cooperation’, have adopted the following texts:
The Agreement on Partnership and Cooperation including its Annexes and the following Protocols:
|
Protocol 1 |
on the establishment of a coal and steel contact group, |
|
Protocol 2 |
on mutual administrative assistance for the correct application of customs legislation. |
The plenipotentiaries of the Member States and of the Community and the plenipotentiary of Russia have adopted the texts of the Joint Declarations listed below and annexed to this Final Act:
Joint Declaration in relation to Title III and Article 94 of the Agreement
Joint Declaration in relation to Article 10 of the Agreement
Joint Declaration in relation to Article 12 of the Agreement
Joint Declaration in relation to Article 17 of the Agreement
Joint Declaration in relation to Article 18 of the Agreement
Joint Declaration in relation to Article 22 (1), second indent of the Agreement
Joint Declaration in relation to Article 24 of the Agreement
Joint Declaration in relation to Articles 26, 32 and 37 of the Agreement
Joint Declaration in relation to Article 28 of the Agreement
Joint Declaration in relation to Article 29 (3) of the Agreement
Joint Declaration in relation to Article 30 of the Agreement
Joint Declaration in relation to Article 30 (a) and (g) of the Agreement
Joint Declaration in relation to the notion of ‘control’ in Article 30 (b) and Article 45 of the Agreement
Joint Declaration in relation to Article 30 (h), third subparagraph of the Agreement
Joint Declaration in relation to Article 31 of the Agreement
Joint Declaration in relation to Article 34 (1) of the Agreement
Joint Declaration in relation to Articles 34 amd 38 of the Agreement
Joint Declaration in relation to Article 35 of the Agreement
Joint Declaration in relation to Article 39 (2) (c), second subparagraph of the Agreement on opening ports
Joint Declaration in relation to Article 39 (2) (c), second subparagraph of the Agreement on vessels under a third flag
Joint Declaration in relation to Article 44 of the Agreement
Joint Declaration in relation to Article 46 (2) of the Agreement
Joint Declaration in relation to Article 48 of the Agreement
Joint Declaration in relation to Article 52 of the Agreement
Joint Declaration in relation to Article 53 paragraph 2.2 of the Agreement
Joint Declaration in relation to Article 54 of the Agreement
Joint Declaration in relation to Article 99 of the Agreement
Joint Declaration in relation to Article 101 of the Agreement
Joint Declaration in relation to Article 107 of the Agreement
Joint Declaration in relation to Article 107 (2) of the Agreement
Joint Declaration in relation to Articles 2 and 107 of the Agreement
Joint Declaration in relation to Article 112 of the Agreement
Joint Declaration in relation to Article 6 of Protocol 2.
The plenipotentiaries of the Member States and of the Community and the plenipotentiary of Russia have also taken note of the following exchanges of letters annexed to this Final Act:
Exchange of letters in relation to Article 22 of the Agreement
Exchange of letters in relation to Article 52 of the Agreement.
The plenipotentiary of Russia has taken note of the Declarations listed below and annexed to this Final Act:
Community Declaration in relation to Article 36 of the Agreement
Community Declaration in relation to Article 54 of the Agreement.
The plenipotentiaries of the Member States and of the Community have taken note of the Declaration listed below and annexed to this Final Act:
Declaration by Russia in relation to Article 36 of the Agreement.
Hecho en Corfú, el veinticuatro de junio de mil novecientos noventa y cuatro.
Udfærdiget i Corfu den fireogtyvende juni nitten hundrede og fireoghalvfems.
Geschehen zu Korfu am vierundzwanzigsten Juni neunzehnhundertvierundneunzig.
Έγινε στην Κέρκυρα, στις είκοσι τέσσερις Ιουνίου χίλια εννιακόσια ενενήντα τέσσερα.
Done at Corfu on the twenty-fourth day of June in the year one thousand nine hundred and ninety-four.
Fait à Corfou, le vingt-quatre juin mil neuf cent quatre-vingt-quatorze.
Fatto a Corfù, addì ventiquattro giugno millenovecentonovantaquattro.
Gedaan te Korfoe, de vierentwintigste juni negentienhonderd vierennegentig.
Feito em Corfu, em vinte e quatro de Junho de mil novecentos e noventa e quatro.
Pour le Royaume de Belgique
Voor het Koninkrijk België
Für das Königreich Belgien
På Kongeriget Danmarks vegne
Für die Bundesrepublik Deutschland
Για την Ελληνική Δημοκρατία
Por el Reino de España
Pour la République française
Thar cheann Na hÉireann
For Ireland
Per la Repubblica italiana
Pour le Grand-Duché de Luxembourg
Voor het Koninkrijk der Nederlanden
Pela República Portuguesa
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
Joint Declaration in relation to Title III and Article 94
For the purpose of Title III and Article 94, the GATT is understood to be the General Agreement on Tariffs and Trade signed in Geneva in 1947 as amended, as applied at the date of signature of the present Agreement, if the Parties do not agree otherwise within the framework of the Cooperation Council established under Article 90.
Joint Declaration in relation to Article 10
The Parties agree that the provisions of paragraph 1 of Article 10 shall not apply to conditions of import of products to the territory of Russia under financial loans and credits granted for development and humanitarian purposes, technical and humanitarian assistance and other similar arrangements, concluded between Russia and third States or international organizations in so far as such States or international organizations require special treatment for such imports.
Joint Declaration in relation to Article 12
Article 12, within Title III on trade in goods, deals with the question of transit. It is the understanding of the Parties that Article 12 deals exclusively with the freedom of transit of goods. This is according to normal GATT practice. The issue of transit may be taken up in the future negotiations on transport agreements as indicated in Article 43.
Joint Declaration in relation to Article 17
The Community and Russia declare that the text of the safeguard clause (Article 17) does not grant GATT safeguard treatment.
Joint Declaration in relation to Article 18
It is understood that the provisions of Article 18 and those of the following paragraph are neither intended to, nor shall, slow down, hinder or impede the procedure provided for in the respective legislation of the Parties regarding antidumping and subsidies investigations.
The Parties agree that, without prejudice to their legislation and practice, when establishing normal value due account shall be taken overall, in each case on its merits, when natural comparative advantages can be shown by the manufacturers involved to be held with regard to factors such as access to raw materials, production process, proximity of production to customers and special characteristics of the product.
Joint Declaration in relation to Article 22 (1), second indent
With respect to the Community the legislation and regulations, referred to in Article 6 of the 1989 Agreement, include, inter alia, the Treaty establishing the European Atomic Energy Community and implementing regulations thereof, in particular the provisions of those texts, which specify the rights, powers and responsibilities of the Euratom Supply Agency and of the Commission of the European Communities.
Joint Declaration in relation to Article 24
It is understood that the notion ‘members of their family’ is defined in accordance with the national legislation of the host country concerned.
Joint Declaration in relation to Articles 26, 32 and 37
The Parties shall ensure that the issuing of visas and residents' permits in conformity with the laws and regulations of the Member States and Russia respectively is conducted in a manner consistent with the principles of the concluding document of the CSCE Bonn Conference, in particular with a view to facilitating the prompt entry, stay and movement of businessmen in the Member States and in Russia. Such efforts shall apply in particular to key personnel referred to in Article 32 and to the sellers of cross-border services referred to in Article 37, and ensure that the administrative procedures do not nullify or impair the benefits accruing to any Party under these Articles of the Agreement.
The Parties agree that an important element in this context is the timely conclusion of re-admission agreements between the Member States and Russia.
The Cooperation Council shall regularly review the evolution of the situation in these areas.
Joint Declaration in relation to Article 28
Without prejudice to the provisions of Articles 50 and 51, the Parties agree that the words ‘in conformity with... legislation and regulations’ mentioned in paragraphs 1 and 4 of Article 28 mean that each Party may regulate the establishment of companies, by means of setting up subsidiaries and branches, as defined in Article 30 and the operation of branches provided that this legislation and regulations do not create reservations resulting in a less favourable treatment than that accorded to companies or branches of any third country respectively.
Without prejudice to the reservations listed in Annexes 3 and 4 and to the provisions of Articles 50 and 51, the Parties agree that the words ‘in conformity with... legislation and regulations’ mentioned in paragraphs 2 and 3 of Article 28 mean that each Party may regulate the operation of companies on its territory, provided that this legislation and regulations do not create for the operations of companies of the other Party any new reservations resulting in a less favourable treatment than that accorded to their own companies or to subsidiaries of companies of any third country whichever is the better.
Joint Declaration in relation to Article 29 (3)
The Parties confirm that nothing in Article 29 (3) prevents Russia from adopting any new regulations or measures which would introduce or worsen discrimination as compared to the situation existing on the date of the signature of the Agreement as regards conditions affecting the establishment of non-Community companies in its territory in comparison to its own companies.
Joint Declaration in relation to Article 30
The Parties confirm the importance of ensuring that the granting of licences referred to in Article 30 (a) and (g):
Joint Declaration in relation to Article 30 (a) and (g)
Article 30 (a), second subparagraph and (g), second subparagraph, take into account the specificity of access to financial services as it is agreed in the framework of this Agreement, and do not affect the definitions of ‘establishment’ and ‘operation’ as they apply to financial services for other purposes than the purpose of this Agreement.
Joint Declaration in relation to the notion of ‘control’ in Articles 30 (b) and 45
1. The Parties confirm their mutual understanding that the question of control shall depend on the factual circumstances of the particular case.
2. A company shall, for example, be considered as being ‘controlled’ by another company, and thus a subsidiary of such other company if:
3. Both Parties consider the criteria in paragraph 2 to be non-exhaustive.
Joint Declaration in relation to Article 30 (h), third subparagraph
Taking into account the restrictions existing at present concerning the carriage of goods and passengers by inland transport modes, the Parties agree that until such restrictions are lifted, the expression ‘intermodal transport operations involving a sea-leg’ is understood to mean the organization of such operations.
Joint Declaration in relation to Article 31
The provisions of Article 31 permit the Parties to apply any measure intended to prevent circumvention by a company of a third country of the measures of the Parties concerning establishment of companies of that third country in their respective territories by means of any possibility provided for in this Agreement.
Joint Declaration in relation to Article 34 (1)
Taking into account the explanations given by Russia to the Community that in certain respects and for certain sectors the treatment granted to Russian subsidiaries and branches of Community companies is better than the treatment offered to Russian companies in general, namely national treatment, the Parties agree that if measures were introduced by Russia to align the treatment of Russian subsidiaries and branches of foreign companies down to national treatment, this cannot be considered to violate the obligation on Russia to use its best endeavours contained in Article 34 (1).
Joint Declaration in relation to Articles 34 and 38
The Parties agree that if either Party were to be of the view that the other had not correctly interpreted the terms ‘significantly more restrictive’ in Articles 34 (2) or 38 (3), such Party may have to resort to the procedures set out in Article 101.
Joint Declaration in relation to Article 35
The Parties agree that the activities referred to in Article 35 (3), subparagraphs (a) and (b) do not include acting as a carrier.
Joint Declaration in relation to Article 39 (2) (c), second subparagraph on opening ports
On the basis of the information provided by the Russian side concerning their ports open to foreign vessels, the Community takes note that Russia intends to continue its effort to increase the number of ports open to foreign vessels. The Russian side also notes the Community's policy of maintaining open to foreign vessels all ports open to international trade. The Parties consider that the degree of openness of ports to foreign vessels is an essential feature of an assessment of the conditions necessary for the free supply of services in international maritime transport. They therefore undertake to review the situation regarding ports open to foreign vessels at least every two years through consultations to be held in the framework of the Cooperation Council. If serious difficulties arise in maintaining a port open to foreign vessels, the Party in whose territory the port concerned is situated shall inform the other Party; at the request of the latter, consultations shall be held so as to ensure that any action taken affects as little as possible the free supply of international maritime services.
Joint Declaration in relation to Article 39 (2) (c), second subparagraph on vessels under a third flag
The Parties agree after the expiry of five years from the date of entry into force of this Agreement to consider the possibility of application of the provisions of Article 39 (2) (c), second subparagraph to vessels under a third flag operated by shipping companies or nationals of a Member State or Russia respectively.
Joint Declaration in relation to Article 44
For the purposes of this Agreement, an economic integration agreement shall be an agreement in accordance with the principles set out in Article V of the General Agreement on Trade in Services. In respect of any aspect of this Agreement covering areas other than service activities an economic integration agreement shall be an agreement in accordance with the principles set out in Article XXIV of the GATT on the creation of free trade areas or customs unions.
Joint Declaration in relation to Article 46 (2)
The Parties confirm their mutual understanding that the question of whether activities are connected, even occasionally, with the exercise of official authority in their respective territories, depends upon the circumstances of each particular case. An examination, in each particular case, whether such activities are connected with:
will help to determine the answer to such questions.
Joint Declaration in relation to Article 48
The sole fact of requiring a visa for natural persons of certain Parties and not for those of others shall not be regarded as nullifying or impairing benefits under a specific commitment.
Joint Declaration in relation to Article 52 (definitions)
‘ Current payments ’
‘Current payments’ are payments connected with the movement of goods, services or persons made in accordance with normal international business practice and do not cover arrangements which materially constitute a combination of a current payment and a capital transaction, such as deferrals of payments and advances which is meant to circumvent respective legislation of the Parties in this field.
This definition does not preclude Russia from applying or enacting legislation which lays down that such payments must be carried out through those Russian banks which have received the respective licences from the Central Bank of the Russian Federation to carry out such operations in freely convertible currencies.
‘Direct investment’
‘Direct investment’ is an investment for the purpose of establishing lasting economic relations with an enterprise such as investments which give the possibility of exercising an effective influence on the management thereof, in the country concerned by non-residents or abroad by residents, by means of:
creation or extension of a wholly owned enterprise, a subsidiary or a branch, acquisition of full ownership of an existing enterprise;
participation in a new or existing enterprise;
a loan of five years or longer.
‘Freely convertible currency’
‘A freely convertible currency’ is any currency considered as such by the International Monetary Fund.
Joint Declaration in relation to Article 53, paragraph 2.2
‘Primary products’ are those defined as such in the GATT.
Joint Declaration in relation to Article 54
The Parties agree that for the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright of computer programs, and neighbouring rights, patents, industrial designs, geographical indications, including appellations of origin, trade marks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Article 10a of the Paris Convention for the protection of industrial property and protection of undisclosed information on know-how.
Joint Declaration in relation to Article 99
The Parties agree that the measures provided for in Article 99 shall not be taken with the aim to distort conditions of competition in relevant markets and thus to afford protection to domestic production.
Joint Declaration in relation to Article 101
The Parties invite the Cooperation Council to examine forthwith the rules of procedure that may be useful for dispute settlement under this Agreement.
Joint Declaration in relation to Article 107
The Parties agree, by common consent, for the purpose of its correct interpretation and its practical application that the terms ‘cases of special urgency’ included in Article 107 of the Agreement mean cases of material breach of the Agreement by one of the Parties. A material breach of the Agreement consists in:
repudiation of the Agreement not sanctioned by the general rules of international law; or
violation of the essential element of the Agreement set out in Article 2.
Joint Declaration in relation to Article 107 (2)
The Parties agree that ‘appropriate measures’ referred to in Article 107 (2) are measures taken in accordance with international law.
If a Party takes a measure in a case of ‘special urgency’ as provided for pursuant to Article 107 (2), the other Party may avail itself of the procedures provided for in Article 101.
Joint Declaration in relation to Articles 2 and 107
The Parties declare that the inclusion in the Agreement of the reference to the respect for human rights constituting an essential element of the Agreement and to cases of special urgency flows from:
Joint Declaration in relation to Article 112
The Parties confirm that although the present Agreement replaces the Agreement of 18 December 1989 regarding relations between the Parties, the Agreement shall not prejudice or otherwise affect any measures taken before the entry into force of this Agreement or agreements made between them before that date in conformity with the 1989 Agreement and this upon the conditions and for the period of application contained in such measures or agreements.
Joint Declaration in relation to Article 6 of Protocol 2
1. The Parties agree to take the necessary measures in order to assist each other, as provided for in this Protocol and without delay, for the following movements of goods:
movement of arms, ammunition, explosives and explosive devices;
movement of objects of art and antiquity, which present significant historical, cultural or archaeological value for one of the Parties;
movement of poisonous goods as well as the substances dangerous for the environment and the public health;
movement of sensitive and strategic goods subject to non-tariff limitations in accordance with the lists agreed upon by the Parties.
2. The Parties agree, if permitted by the basic principles of their respective legal systems, to take the necessary measures to allow the appropriate use of the controlled delivery technique on the basis of mutually agreed implementing provisions adopted by them in accordance with the procedures of this Protocol.
3. The Parties agree to take all necessary measures, in accordance with their respective legislation, in order:
falling within the scope of this Protocol to an addressee, residing or established in their respective territories on the basis of mutually agreed implementing provisions adopted by them in accordance with the procedures of this Protocol. In such a case Article 5 (3) is applicable.
4. The Parties agree that when the requested authority cannot act on its own, the administrative department to which the request has been addressed by this authority shall proceed under the same conditions applicable to the requested authority.
EXCHANGE OF LETTERS
in relation to Article 22
Letter from RussiaSir,
The purpose of this letter is to confirm that with regard to trade in nuclear materials as covered by Article 22 of the Agreement on Partnership and Cooperation signed today, we have reached the following understanding:
Russia intends to act as a stable, reliable and long-term supplier of nuclear materials to the Community and the Community recognizes that intention. The Russian Government takes note that the Community considers Russia, in particular for the purposes of its supply policy in the nuclear field, as a source of supply which is separate and distinct from other suppliers.
In order to avoid any difficulties in trade, consultations shall be held regularly or on request on developments in the trade of nuclear materials between Russia and the Community. These consultations could include a continuous and regular dialogue on market developments and forecasts.
The consultations shall be held within the framework of Article 92.
As provided in Article 13 of the Agreement on Partnership and Cooperation the regulations referred to in Article 6 of the 1989 Agreement will be implemented in a uniform, impartial and equitable manner.
I refer to our common desire to facilitate by all practicable means the process of nuclear disarmament underway. We have agreed to take all necessary steps to conduct consultations with all countries concerned, if it appears that the implementation of respective bi- and multilateral agreements causes or threatens to cause substantial injury to the facilities of the Parties.
I propose that this letter and your reply will establish a formal agreement between us.
Please accept, Sir, the assurance of my highest consideration.
For the Government of the Russian Federation
Letter from the CommunitySir,
Thank you for your letter of today's date which reads as follows:
‘The purpose of this letter is to confirm that with regard to trade in nuclear materials as covered by Article 22 of the Agreement on Partnership and Cooperation signed today, we have reached the following understanding:
Russia intends to act as a stable, reliable and long-term supplier of nuclear materials to the Community and the Community recognizes that intention. The Russian Government takes note that the Community considers Russia, in particular for the purposes of its supply policy in the nuclear field, as a source of supply which is separate and distinct from other suppliers.
In order to avoid any difficulties in trade, consultations shall be held regularly or on request on developments in the trade of nuclear materials between Russia and the Community. These consultations could include a continuous and regular dialogue on market developments and forecasts.
The consultations shall be held within the framework of Article 92.
As provided in Article 13 of the Agreement on Partnership and Cooperation the regulations referred to in Article 6 of the 1989 Agreement will be implemented in a uniform, impartial and equitable manner.
I refer to our common desire to facilitate by all practicable means the process of nuclear disarmament underway. We have agreed to take all necessary steps to conduct consultations with all countries concerned, if it appears that the implementation of respective bi- and multilateral agreements causes or threatens to cause substantial injury to the facilities of the Parties.
I propose that this letter and your reply will establish a formal agreement between us.’
I confirm that your letter and my reply establish a formal agreement between us.
Please accept, Sir, the assurance of my highest consideration.
On behalf of the European Communities
EXCHANGE OF LETTERS
in relation to Article 52
Letter from RussiaSir,
With reference to Article 52 of the Agreement on Partnership and Cooperation, I confirm that nothing in this Article shall be construed as restricting the transfer abroad by Community residents of investments made in Russia by Community residents, including any compensation payments arising from measures such as expropriation, nationalization or measures of equivalent effect and of any profit stemming therefrom.
I propose that this letter and your reply will establish a formal agreement between us.
Please accept, Sir, the assurance of my highest consideration.
For the Government of the Russian Federation
Letter from the CommunitySir,
Thank you for your letter of today's date which reads as follows:
‘With reference to Article 52 of the Agreement on Partnership and Cooperation, I confirm that nothing in this Article shall be construed as restricting the transfer abroad by Community residents of investments made in Russia by Community residents, including any compensation payments arising from measures such as expropriation, nationalization or measures of equivalent effect and of any profit stemming therefrom.
I propose that this letter and your reply will establish a formal agreement between us.’
I confirm that your letter and my reply establish a formal agreement between us.
Please accept, Sir, the assurance of my highest consideration.
On behalf of the European Communities
Community Declaration in relation to Article 36
The Community declares that the cross-border supply of services as referred to in Article 36 does not imply the movement of the service supplier into the territory of the country where the service is destined, nor the movement of the recipient of the service into the territory of the country from which the service comes.
Community Declaration in relation to Article 54
The provisions of the Agreement are without prejudice to the competences of the European Community and its Member States in matters of intellectual, industrial and commercial property.
Declaration by Russia in relation to Article 36
Russia declares that the suppliers in the Community Declaration in relation to Article 36 could not be considered as natural persons, who are representatives of a Community or Russian company and are seeking temporary entry for the purpose of negotiating the sales of cross-border services or entering into agreements to sell cross-border services for that company.
Minutes of signing of the Agreement on Partnership and Cooperation establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part
The plenipotentiaries of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Portuguese Republic, the United Kingdom of Great Britain and Northern Ireland, the European Community, the European Coal and Steel Community and the European Atomic Energy Community, and the plenipotentiaries of the Russian Federation signed the Agreement on Partnership and Cooperation between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, on 24 June 1994 in Corfu.
On that occasion, the French Republic made the following Declaration:
‘The French Republic notes that the Agreement on Partnership and Cooperation with the Russian Federation does not apply to the overseas countries and territories associated with the European Community pursuant to the Treaty establishing the European Community.’
This Declaration has been brought to the attention of the Russian Federation, which raised no objections.
These Minutes will be published in the Official Journal of the European Communities.
( 1 ) OJ L 327, 28.11.1997, p. 3.
( 1 ) The Czech, Estonian, Latvian, Lithuanian, Hungarian, Maltese, Polish, Slovak and Slovenian versions of the Agreement shall be published in a special edition of the Official Journal at a later date.