Where either Party is in a serious balance of payments difficulties, or under threat thereof, the Party concerned may, in accordance with the Article XII and Article X VII Section B of GATT 1994 and the Understanding on the Balance-of-payments provisions of the GATT 1994 and with Articles VIII and XIV of the Articles of Agreement of International Monetary Fund, adopt restrictive measures, which shall be of limited duration and may not go beyond what is necessary to remedy the balance of payments situation. The Party concerned shall inform the other Party forthwith of their introduction and present to the other Party, as soon as possible, a time schedule of their removal.
Article 28. Intellectual and Industrial Property
1. The Parties shall provide suitable protection of intellectual and industrial property rights in line with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs.). This shall encompass effective means of enforcing such rights.
2. The Parties shall cooperate, if difficulties, which affect trade, arise in connection with intellectual and industrial property rights. Either Party may request urgent consultations to find mutually satisfactory and regularly assessed solutions.
Article 29. Public Procurement
The Parties agree on the objective of a progressive liberalization of public procurement. The Joint Committee will hold consultation on the implementation of this objective.
Article 30. Dispute Settlement
1. A Dispute Settlement Mechanism is hereby established and shall apply to the settlement of disputes arising between the Parties.
2. The Dispute Settlement Mechanism shall be administered in accordance with the Protocol on Dispute Settlement.
Article 31. Establishment of the Joint Committee
1. A Joint Committee is hereby established in which the Serbian side shall be represented by the Ministry in charge of Foreign Trade and the Egyptian side shall be headed by Agreements and Foreign Trade Sector, Ministry of Trade and Industry. The Joint Committee shall be responsible for the administration of the Agreement and shall ensure its proper implementation.
2. The Joint Committee may decide to amend the Agreement as well as its Protocols and Annexes in accordance with the national legislation of the Parties.
3. For the purpose of the proper implementation of the Agreement, the Parties shall exchange information and, at the request of either Party, shall hold consultations within the Joint Committee. The Joint Committee shall keep under review the possibility of further removal of the obstacles to trade between the Parties.
4. The Joint Committee may, in accordance with the provisions of paragraph 3 of Article 32 of the Agreement, take decisions in the cases provided for in the Agreement. On other matters, the Joint Committee may make recommendations.
Article 32. Procedures of the Joint Committee
1. For the proper implementation of the Agreement, the Joint Committee shall meet at an appropriate level whenever necessary upon request but at least once a year. Either Party may request a meeting be held.
2. The Joint Committee shall decide by consensus.
3. If a representative in the Joint Committee of a Party to the Agreement has accepted a decision subject to reservation of the fulfillment of internal legal requirements, the decision shall enter into force, if no later date is contained therein, on the date of the receipt of the written notification stating that such requirements have been fulfilled.
4. The Joint Committee shall adopt its rules of procedure, which shall, inter alia, contain provisions for convening meetings, and for the designation of the Chairperson and his/her term of office.
5. The Joint Committee may decide to set up such sub-committees and working groups, as it considers necessary, to assist it in accomplishing its tasks.
Article 33. General Exceptions
The rights and obligations of the Parties in respect of general exceptions shall be governed by Article XX of GATT 1994, which is hereby incorporated into and made part of the Agreement.
Article 34. Security Exceptions
The rights and obligations of the Parties in respect of security exceptions shall be governed by Article XXI of GATT 1994, which is hereby incorporated into and made part of the Agreement.
Article 35. Fulfillment of Obligations
1. The Parties shall take all necessary measures to ensure the achievement of the objectives of the Agreement and the fulfillment of their obligations under the Agreement.
2. If either Party considers that the other Party has failed to fulfill an obligation under the Agreement, the Party concerned may take the appropriate measures under the conditions and in accordance with the procedures laid down in Article 24 of the Agreement.
Article 36. Evolutionary Clause
1. Where either Party considers that it would be useful and in the interest of the economies of the Parties to develop the relations established by the Agreement by extending them to fields not covered thereby, the Party shall submit a reasoned request to the other Party.
2. During the third year of implementation of the Agreement, both Parties may instruct the Joint Committee to examine the possibility of granting each other further tariff concessions.
3. Agreements resulting from the procedures referred to in paragraphs 1 and 2 of this Article will be subject to ratification or approval by the Parties to the Agreement in accordance with their national legislation.
Article 37. Amendments
Amendments to the Agreement, as well as to its Annexes and Protocols, shall enter into force on the date of receipt of the latter written notification through diplomatic channels, by which the Parties inform each other that all necessary requirements foreseen by their national legislation for the entry into force of the Agreement, have been fulfilled.
Article 38. Protocols and Annexes
Protocols and Annexes to the Agreement shall form an integral part thereof.
Article 39. Validity and Withdrawal
1. The Agreement is concluded for an unlimited period.
2. Each Party to the Agreement may withdraw from the Agreement by written notification to the other Party. The termination shall take effect on the first day of the seventh month following the date on which the notification was received by the other Party.
3. The Parties agree that, in case of accession of the Republic of Serbia to the European Union, the Agreement will be terminated, on the previous day before the date of the accession to the EU.
Article 40. Entry Into Force
The Parties shall ratify the Agreement in accordance with their own procedures. The Agreement shall enter into force on the first day of the second month, following the date of the receipt of the latter written notification through diplomatic channels, by which the Parties inform each other that all necessary requirements foreseen by their national legislation for the entry into force of the Agreement have been fulfilled.
Conclusion
IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorized thereto, have signed the Agreement.
DONE at ..... on ......... in two originals, each in the Serbian, Arabic and English languages, all texts being equally authentic. In case of any divergence in the interpretation of the Agreement, the English text shall prevail.
FOR THE GOVERNMENT OF THE REPUBLIC OF SERBIA
MINISTER
FOR THE GOVERNMENT OF THE ARAB REPUBLIC OF EGYPT
MINISTER
Attachments
DISPUTE SETTLEMENT PROTOCOL
1. Objectives
The objective of this Protocol is to provide for an efficient, prompt and transparent process for the settlement of disputes arising under the Agreement.
2. Definitions
For the purposes of this Protocol and Annex I (Rules of Procedure) and Annex II (Code of Conduct for panelists of the Panel):
a) "Panel" means a Dispute Settlement Panel established under Article 7 of this Protocol;
b) "Disputing Parties" means the Parties to a dispute or proceeding;
c) "Complaining Party" means a Party making a claim;
d) "Party complained against" means a Party against which a claim is made;
e) "Panelist" means a member of a Panel;
f) "Days" means calendar days, including weekends and holidays;
g) "Proceeding" means dispute settlement proceeding.
3. Scope and Coverage
Unless the Agreement provides otherwise, this Protocol shall apply to any disputes arising from interpretation and/or, application of the provisions of the Agreement whenever a Party considers that a measure of the other Party is inconsistent with an obligation under the provisions of the Agreement.
4. Choice of Forum
1. If a dispute regarding a matter arises under the Agreement and under another international trade agreement to which the disputing Parties are party, the complaining Party may select the forum in which to settle the dispute.
2. Once a complaining Party has requested the establishment of, or referred a matter to, the Panel under this Protocol or a panel or tribunal under an agreement referred to in paragraph 1, the forum selected shall be used to the exclusion of other forum.
5. Consultations
1. The Parties shall make every attempt to settle any dispute with respect to any matter referred to in Article 3 (Scope and coverage) of the Agreement through consultations in order to reach a mutually acceptable solution.
2. A request for consultations shall be submitted in writing to the Party complained against and shall give the reasons for the request, including identification of any measure or other matter at issue and an indication of the factual and legal basis for the complaint.
3. If a request for consultations has been submitted in accordance with paragraph 2 of this Article, the responding Party shall reply to the request in writing within 10 days from the date of its receipt and shall enter in good faith into consultations with the complaining Party within 30 days from the date of receipt of the request. The consultations shall be deemed to be concluded within 30 days of the date of receipt of the request, unless the Parties agree otherwise.
4. Consultations on matters of urgency, including those regarding perishable goods, shall be held within 15 days from the date of receipt of the request. The consultations shall be deemed to be concluded within 15 days of the date of receipt of the request, unless the Parties agree otherwise.
5. Periods of time specified in paragraphs 3 and 4 of the Article may be changed by agreement of the disputing Parties.
6. The consultations shall be confidential, and without prejudice to the rights of either disputing Party in any further proceeding.
7. A disputing Party may request the other disputing Party to make available for the consultations experts from its governmental agencies or other regulatory bodies who have expertise in the matter under consultations.
8. Consultations may be held in person or by any other means of communication agreed by the Parties. Unless the Parties agree otherwise, consultations, if held in person, shall take place in the territory of the Party complained against.
9. If the Party complained against does not respond to the request for consultations within ten (10) days of the date of its receipt, or if consultations are not held within the timeframes laid down in paragraph 3 or in paragraph 4 respectively, or if consultations have been concluded and no agreement has been reached on a mutually agreed solution, the complaining Party may request the establishment of a Panel in accordance with Article 7.
6. Good Offices, Conciliation or Mediation
1. The Parties may at any stage of any dispute settlement procedure under this Protocol have recourse to good offices, conciliation or mediation. Procedures for good offices, conciliation or mediation may begin at any time and be suspended or terminated upon the request by either Party at any time.
2. If the Parties so agree, good offices, conciliation or mediation may continue while the proceedings of the Panel provided for in this Protocol are in progress.
3. Proceedings involving good offices, conciliation and mediation, and in particular positions taken by the disputing Parties during those proceedings, shall be confidential and without prejudice to the rights of either disputing Party in any further proceeding.
7. Establishment of the Panel
1. Where the disputing Parties have failed to resolve the dispute by recourse to consultations as provided for in Article 5, the complaining Party may request in writing the establishment of a Panel.
2. The request referred to in paragraph 1 shall indicate, whether consultations were held, identify the specific measures at issue and provide a summary of the legal basis of the complaint sufficient to present the problem clearly.
3. In case the complaining Party request the establishment of a Panel with terms of reference other than the standard terms, the written request shall include the proposed text of special terms of reference.
8. Terms of Reference of the Panel
1. Panel shall have the following terms of reference unless the Parties to a dispute agree otherwise, within ten (10) days from the establishment of the Panel:
(a) to examine, in the light of the relevant provisions in the Agreement, cited by the Parties to the dispute, the matter referred to the Panel by the complaining Party; and
(b) to make such findings on the conformity of the measure at issue with the relevant covered provisions of the Agreement as well as recommendations on the means to resolve the dispute.
2. Panel shall address the relevant provisions in the Agreement cited by the Parties to the dispute.
9. Composition of the Panel
1. The Panel shall consist of three members, including the Chairperson.
2. Each disputing Party shall appoint a panelist within 20 days or 10 days in cases of urgency including these concerning perishable goods from the receipt of the request to establish the Panel by the Party complained against. Within 10 days of the appointment of the second panelist, the appointed panelists shall choose by mutual agreement the Chairperson, who shall not fall under any of the following disqualifying criteria:
a) being a national of Egypt or Serbia;
b) having usual place of residence in the territory of Egypt or Serbia; or
c) be national of state not having diplomatic relations both with Egypt and Serbia.
3. If either Party fails to appoint a panelist, or the Chairperson is not appointed within the time periods established in paragraph 2, the Complaining Party will select the unappointed panelist or the Chairperson by lot from the list established under paragraph 4. The Complaining Party shall draw the unappointed panelist or the Chairperson within 10 working days after the time periods established in paragraph 2. The Complaining Party shall invite and give a reasonable opportunity to representatives of Party complained against to be present, by any means, when the lots are drawn. Panelists or the Chairperson shall be drawn from the respective parts of the list established under paragraph 4.
4. The Joint Committee shall, no later than 6 months after the entry into force of this Agreement, establish a list of at least 15 individuals who are willing and able to serve as panelists or the Chairperson. Each of the Parties shall propose at least five individuals to serve as panelists. The two Parties shall also select at least five individuals, fulfilling criteria in paragraph 2 and who shall act as Chairperson, indicating their area (s) of expertise related to the Agreement. The Joint Committee will ensure that the list is always maintained at this level.
5. Individuals listed on the list shall:
a) have expertise and/or experience in law, international trade, other matters covered by the Agreement, or the resolution of disputes arising under international trade agreements;
b) be chosen strictly on the basis of objectivity, impartiality, reliability and sound judgment;
c) be independent of, and not be affiliated with or take instructions from a Party; and
d) disclose to the disputing Parties any direct or indirect conflicts of interest in respect of the matter at hand.
6. Panelists before beginning to carry out their duties shall sign a statement of obligation to comply with the Code of Conduct annexed to the Agreement.
7. Individuals may not serve as panelists for a dispute if they have dealt with the dispute previously in any capacity, including in accordance with Article 6 (Good offices, conciliation or mediation) of this Protocol.
8. If a panelist appointed under this Article resigns or becomes unable to act, a successor panelist shall be appointed within 15 days in accordance with the procedure as prescribed for the appointment of the original panelist and the successor shall have all the powers and duties of the original panelist. Any period of time applicable to the proceeding shall be suspended beginning on the date when the panelist resigns or becomes unable to act and ending on the date when a replacement is selected.
9. The date of establishment of the Panel shall be the date on which the Chairperson is appointed.
10. Functions of the Panel
1. The function of a Panel shall be to make an objective assessment of the matter before it, including an examination of the facts of the case and their applicability and conformity with the Agreement. The Panel shall make such findings, rulings and recommendations necessary for the resolution of the dispute referred to it as it deems appropriate.
2. The Panel established under this Protocol shall interpret the provisions of the Agreement in accordance with customary rules of interpretation of public international law.
11. Proceedings of the Panel
1. The Panel proceedings shall be conducted in accordance with the provisions of this Article.
2. The Panel shall apply the Rules of Procedure, which include the rights to hearings and the exchange of written submissions as well as deadlines and timetables for ensuring expediency, as set out in Annex I (Rules of Procedure). The Rules of Procedure may be modified or amended by the mutual consent of the Parties in accordance with the provision of the Agreement.
3. The Panel shall within 10 days after its establishment fix the timetable for the Panel proceedings. The timetable shall include precise and equal deadlines for written submissions by the disputing Parties. Modifications to such timetable may be made by the Panel consultation with the disputing Parties.
4. Upon request of a disputing Party or on its own initiative, the Panel may, at its discretion, seek information and/or advice on any scientific or technical matter from any person or body which it deems appropriate. Before the Panel seeks such information and/or advice, it shall inform the disputing Parties. Any information and/or advice so obtained shall be submitted to the disputing Parties for comment. Where the Panel takes the information and/or advice into account in the preparation of its report, it shall also take into account any comment by the disputing Parties on the information and/or advice. The information and\or advice shall be non-binding.
5. The Panel shall make its procedural decisions, findings, recommendations and rulings by consensus provided that where the Panel is unable to reach consensus such procedural decisions, findings, recommendations and rulings may be made by majority vote. The Panel shall not disclose which panelists are associated with majority or minority opinions.
6. The hearings of the Panel shall be closed to the public, unless the disputing Parties agree otherwise.
7. The disputing Parties shall be given the opportunity to attend any of the presentations, statements or rebuttals in the proceedings. Any information provided or written submission made by a disputing Party to the Panel, including any comment on the descriptive part of the initial report and response to the questions put by the Panel, shall be made available to the other disputing Party.
8. The deliberations of the Panel and the documents submitted to it shall be kept confidential.
9. Nothing in this Protocol shall preclude a disputing Party from disclosing statements of its own positions to the public. A disputing Party shall treat as confidential information submitted by the other disputing Party to the Panel which that other disputing Party has designated as confidential. A disputing Party shall also, upon request of a Party, provide a non-confidential summary of the information contained in its written submissions that could be disclosed to the public.
10. The Panel proceedings including hearings shall be held using means of electronic communication.
12. Suspension and Termination of Proceedings
1. The Panel shall, upon the joint request of the disputing Parties, suspend its work at any time for a period not exceeding 12 consecutive months from the date of receipt of such joint request. In such event, the disputing Parties shall jointly notify the Chairperson. Within this period, either disputing Party may authorize the Panel to resume its work by notifying the Chairperson and the other disputing Party. In that event, all relevant periods of time set out in this Protocol shall be extended by the amount of time that the work was suspended for. If the work of the Panel has been suspended for more than 12 consecutive months, the Panel shall be terminated. The authority for establishment of a new panel by the original disputing Parties on the same matter referred to in the request for the establishment of the original Panel shall lapse unless the disputing Parties agree otherwise. The termination of the Panelâs work according to this paragraph is without prejudice to the rights of the complaining Party in another proceeding on the same matter.
2. The Panel shall be terminated upon the joint request of the disputing Parties before 12 months. In such event, the disputing Parties shall jointly notify the Chairperson.
13. Reports of the Panel
1. The reports of the Panel shall be drafted without the presence of the disputing Parties and shall be based on the relevant provisions of the Agreement, the submissions and arguments of the disputing Parties and any information and/or advice provided to it in accordance with paragraph 4 of Article 11 (Proceedings of the Panel) of this Protocol.
2. The Panel shall issue its initial report within 90 days, or 60 days in cases of urgency, including those concerning perishable goods, from the date of establishment of the Panel. The initial report shall contain, inter alia, both the descriptive sections and the Panelâs findings, recommendations and conclusions.
3. In exceptional circumstances, if the Panel considers it cannot issue its initial report within the periods of time specified in paragraph 2 of this Article, it shall inform the disputing Parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its initial report. Any delay shall not exceed a further period of 30 days unless the disputing Parties agree otherwise.
4. A disputing Party may submit written comments on the initial report to the Panel within 15 days of receiving the initial report unless the disputing Parties agree otherwise. If no comments are received from any disputing Party within this period the initial report shall be considered as the final report.
5. After considering any written comment by the disputing Parties and making any further examination it considers necessary, the Panel shall present to the disputing Parties its final report containing a ruling on the dispute and an original award within 30 days of issuance of the initial report, unless the disputing Parties agree otherwise.
6. If in its final report, the Panel finds that a disputing Partyâs measure does not conform with the Agreement, it shall include in its findings and ruling a recommendation to remove the non-conformity.
7. When the Panel considers that this deadline cannot be met, the Chairperson shall notify the disputing Parties in writing, stating the reasons for the delay and the date on which the Panel plans to deliver its final report. Any delay shall not exceed a further period of 30 days unless the disputing Parties agree otherwise.
8. The disputing Parties shall publicly release the final report of the Panel within 15 days from the date of its issuance, subject to the protection of confidential information, unless any disputing Party objects.
9. The ruling of the Panel is without appeal. Prompt compliance with recommendations or rulings of the Panel is essential in order to ensure effective resolution of disputes to the benefit of the Parties.
14. Implementation of the Ruling
1. The disputing Parties shall take all necessary measures to comply with the ruling of the Panel without undue delay.
2. Within 15 days from the issuance of the award, the disputing Party which is to comply with the ruling of the Panel shall notify the other disputing Party of the following:
a) the measures it intends to implement in order to comply with the award; and
b) the period of time required to comply with the award.
3. In case of disagreements between the Parties on the proposed period of time for compliance pursuant to paragraph 2(b), the complaining Party may request the original Panel to establish the reasonable time period to comply with the ruling. The Panel shall establish this period within 20 days from the submission of the request.
4. When the Panel considers that it cannot determine the reasonable period of time within the timeframe set in paragraph 3 of this Article, it shall inform the disputing Parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its determination. Any delay shall not exceed a further period of 20 days unless the disputing Parties agree otherwise.
5. The disputing Parties may at all times continue to seek mutually satisfactory resolution on the implementation of the final report of the Panel.
6. Where there is a disagreement as to the existence or consistency with the Agreement of measures taken to comply with the recommendations of the Panel such dispute shall be decided through recourse to these dispute settlement procedures, including wherever possible resort to the original Panel.
7. The Panel shall circulate its report within 30 days after the date of referral of the matter to it.
8. When the Panel considers that it cannot provide its report within this time frame, it shall inform the Parties in writing of the reasons for the delay together with an estimate of the period within which it will submit its report. Any delay shall not exceed a further period of 30 days unless the disputing Parties agree otherwise.
15. Compensation and Suspension of Benefits
1. If the Party concerned does not comply with the ruling and recommendation of the Panel within the reasonable period of time determined in accordance with Article 14 (Implementation of the Ruling) of this Protocol, or notifies the other Party that it does not intend to do so, and/or if the original Panel determines that the Party concerned did not comply with the ruling and recommendation of the Panel in accordance with Article 14 (Implementation of the Ruling) of this Protocol, such Party concerned shall, if so requested by the other Party, enter into consultations with a view to agreeing on a mutually acceptable compensation. If no such agreement has been reached within 20 days from the receipt of the request, the other Party shall be entitled to suspend the application of benefits granted under the Agreement in respect of the Party concerned but only equivalent to those affected by the measure that the Panel has found not to be in conformity with the Agreement.
2. In considering which benefits to suspend, the Party should first seek to suspend benefits in the same sector or sectors as that affected by the measure that the Panel has found not to be in conformity with the Agreement. If such Party considers that it is not ptacticable or effective to suspend benefits in the same sector or sectors it may suspend benefits in other sectors.
3. The Party shall notify the Party concerned of the benefits which it intends to suspend, the grounds for such suspension and the starting date for such suspension at least 30 days before the date on which the suspension is due to take effect. Within 15 days from the receipt of such notification, the Party concerned may request the original Panel to rule on whether the benefits which the other Party intends to suspend are equivalent to those affected by the measure found not to be in conformity with the Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2 of this Article.
4. The ruling and recommendation of the Panel shall be given within 30 days from the receipt of such request and shall be final and binding on the Parties. Benefits shall not be suspended until the Panel has issued its ruling.
5. The suspension of benefits shall be temporary and be applied by the complaining Party, only: