Title
PARTNERSHIP AND COOPERATION AGREEMENT BETWEEN THE EUROPEAN COMMUNITIES AND THEIR MEMBER STATES, OF THE ONE PART, AND THE REPUBLIC OF BELARUS, OF THE OTHER PART.
Preamble
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 Economic 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 ECONOMIC COMMUNITY, the EUROPEAN ATOMIC ENERGY COMMUNITY and the EUROPEAN COAL AND STEEL COMMUNITY,
hereinafter referred to as "the Community", of the one part,
and .
THE REPUBLIC OF BELARUS
of the other part,
hereinafter referred to as "the Parties",
CONSIDERING the links between the Community, its Member States and the Republic of Belarus and the common values that they share,
RECOGNIZING that the Comminity and the Republic of Belarus wish to strengthen these links and to establish partnership and cooperation which would strengthen and widen the relations established in the past in particular by the Agreement between the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist Republics on Trade and Commercial and Economic Cooperation, signed on 18 December 1989.
CONSIDERING the commitment of the Community and its Member States and of the Republic of Belarus 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 co-operate to this end in the framework of the United Nations and the Conference on Security and Cooperation in Europe,
WELCOMING the decision by the Republic of Belarus to become a party to the Treaty on Non- Proliferation of Nuclear Weapons and the Strategic Arms Reduction Treaty of and the Lisbon Protocol.
CONSIDERING the firm cummitment of the Community and its Member States and of the Republic of Belarus 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",
RECOGNIZING in that context that support of independence, sovereignty and territorial integnty of the Republic of Belarus will contribute to safeguarding of peace and stability in the region of Central and Eastern Europe and on the European Continent as a whole, ,
CONFIRMING the attachment of the Community and its Member States and of the Republic of Belarus to the European Energy Charter, and to the Declaration of the Lucem Conference, April 1993,
CONVINCED of the paramount importance of the rule of law and respect for human nghts, particularly those of minorities, the establishment of a multiparty system with free and democratic elections and economic liberalization aimed at setting up a market economy,
BELIEVING that full implementation of this parmership and cooperation Agreement will both depend on and contribute to continuation and accomplishment of the political, economic and legal reforms in the Republic of Belarus, as well as the introduction of the factors necessary for cooperation, notably in the light of the conclusions of the CSCE Bonn Conference,
DESIROUS of encouraging the process of regional cooperation in the areas covered by this agreement with the neighbouring countries in order to promote the prosperity and stability of the region,
DESIROUS of establishing and developing regular political dialogue on bilateral and international issues of mutual interest,
TAKING ACCOUNT of the Community's willingness to provide for economic cooperation and technical assistance as appropriate,
BEARING IN MIND the utility of the Agreement, for further involvement of the Republic of Belarus into the processes of widening cooperation in neighbouring regions ‘and in Europe and its integration into the world market economy,
RECOGNIZING the changes that are taking place in the political and economic system of the Republic of Belarus and its efforts aimed at transition of its economy into a market economy,
CONSIDERING the commitment of the Parties to liberalise trade, based on the principles contained in the General Agreement on Tariffs and Trade,
CONSCIOUS of the need to improve gradually conditions affecting business and investment, and conditions in areas such as the establishment and operation of enterprises, labour, provision of services and conditions in areas such as the establishment and operation of, enterprises, 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 modemization,
DESIROUS of establishing close cooperation in the area of environment protection taking into account the interdependence existing between the Parties in this field,
DESIROUS of developing and diversifying cultural cooperation and improving the flow of information,
Have agreed as follows :
Body
Article 1.
A Partnership is hereby established between the Community and its Member States of the one part, and the Republic of Belarus of the other part. The objectives of this partnership are:
- to provide an appropriate framework for the political dialogue between the Parties allowing the development of political relations,
- to promote mutually beneficial trade and investment and harmonious economic relations between the Parties and so to foster their sustainable economic development,
- to provide a solid basis for legislative, economic, social, financial, scientific and technical, and cultural cooperation,
- to support efforts of the Republic of Belarus to consolidate its democracy and to develop its economy and to complete the transition into a market economy.
Title I. General Principles
Article 2.
Respect for democracy, principles of international law, and human rights as defined in particular in the UN Charter, the Helsinki Final Act and the Charter of Paris fora New Europe, as well as the principles of market economy, including those enunciated in the documents of the CSCE Bonn Conference, underpin the internal and external policies of the Parties and constitute an essential element of parmership and of the present Agreement.
Article 3.
The Parties consider that it is essential for the future prosperity and stability of the region of the former Soviet Union that the newly independent.states which have emerged from the dissolution of the Union of Soviet Socialist Republics, hereinafter called "Independent States", should maintain and develop cooperation among themselves in compliance with the principles of the Helsinki Final Act and with international law and spirit of good neighbourly relations and will make every effort to encourage this process.
Article 3bis.
The Parties undertake to consider, in particular when Belarus has further advanced in the process of economic reform, developments of the relevant Titles of this Agreement, in particular Title III and Article 34, with a view to the establishment of a free trade area between them. The Cooperation Council may make recommendations on such developments to the Parties. Such developments shall only be put into effect by virtue of an agreement between the Parties in accordance with their respective procedures. The Parties shali consult each other in the year 1998 as to whether circumstances, and in particular Belarus's advances in market oriented economic reforms and the economic conditions prevailing there at that time, allow the beginning of negotiations on the establishment of a free trade area.
Article 3ter.
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 the Republic of Belamis's accession to GATT/WTO. The first examination shall take place three years after the entry into force of the Agreement or when the Republic of Belarus becomes a Contracting Party of GATT/WTO, whichever is earlier.
Title II. Political Dialogue
Article 4.
A regular political dialogue shall be established between the Parties which they intend to develop and intensify. It shall accompany and consolidate the rapprochement between the Community and the Republic of Belarus, support the democratic changes underway in the political life of, as well as, the process of economic reform in the Republic of Belams and contribute to the establishment of new forms of cooperation. The political dialogue:
- shall strengthen the links of the Republic of Belarus with the Community and its Member States, and thus with the community of democratic nations as a whole. The economic convergence achieved through this Agreement will lead to more intense political relations;
- shall bring about an increasing convergence of positions on international issues of mutual concern thus increasing security and stability.
- shall foresee that the Parties endeavour to co-operate on matters pertaining to the strengthening of stabilit and security in Europe, the observance of the principles of democracy, the respect and promotion of huma: tights, particularly those of minorities and shall hold consultations, if necessary, on the relevant matters.
Article 5.
At ministerial level, political dialogue shall take place within the Cooperation council established in Article 66 and on other occasions by mutual agreement.
Article 6.
Other procedures and mechanisms for political dialogue shall be set up by the Parties, and in particular in the following forms:
- regular meetings at the level of senior officials between representatives of the Community and its Member States on the one hand, and representatives of the Republic of Belarus on the other hand;
- taking full advantage of diplomatic channels, including appropriate contacts in the bilateral as well as the multilateral field, such as the United Nations, CSCE meetings and elsewhere;
- exchanging information on matters of mutual interest concerning political cooperation in Europe;
- any other means which would contribute to consolidating and developing this political dialogue.
Article 7.
Political dialogue at parliamentary level shall take place within the framework of the Parliamentary Cooperation Committee established in Article 70.
Title III. Trade In Goods
Article 8.
1. The Parties shall accord to one another most-favoured-nation treatment according to Article I, paragraph 1 of the GATT.
2. The provisions of paragraph } shall not apply to:
(a) 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;
(b) advantages granted to particular countries in accordance with the General Agreement on Tariffs and Trade and with other international arrangements in favour of developing countries;
(c) advantages accorded to adjacent countries in order to facilitate frontier traffic.
3. The provisions of paragraph } and Article 9.2 shall not apply, during a transitional period expiring on the date of the Republic of Belarus acceding to GATT or on the 31st December 1998, whichever is earlier, to advantages defined in Annex I granted by the Republic of Belarus to other states which have emerged from the dissolution of the USSR.
Article 9.
1. The parties agree that the principle of free transit of goods is an essential condition of attaining the objectives of this Agreement.
In this connection each Party shall secure unrestricted transit via or through its territory of goods originating in the customs territory or destined for the customs territory of the other Party.
2. The rules described in Article V, paragraphs 2, 3, 4 and 5 of the GATT are applicable between the two Parties.
3. The rules contained in this Article are without prejudice to any special rules relating to specific sectors, in particular such as transport, or products agreed between the Parties.
Article 10.
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 intemational convention on this matter binding upon it, in conformity with its legislation. Account shall be taken of the conditions under which the obligations stemming from such a convention have been accepted by the Party in question.
Article 11.
Goods originating in Belarus and the Community respectively shall be imported into the Community and Belanus respectively free of quantitative restrictions without prejudice to Articles 13, 16, 16bis, to the provisions of annex II of this Agreement, and to the provisions of Articles 77, 81, 244, 249 and 280 of the Acts of Accession of Spain and Portugal to the European Community.
Article 11bis.
1. The products of the territory of one Party imported into the territory of the other Party shall not be subject, directly or indirectly, to internal taxes or other internal charges of any kind in excess of those applied, directly or indirectly, to like domestic products.
2. Moreover, these products shall be accorded treatment no less favourable than that accorded to like products of national origin in respect of all laws, regulations and requirements affecting their internal sale, offering for sale, purchase, transportation, distribution or use. The provision of this paragraph shall not prevent the application of differential internal transportation charges which are based exclusively on the economic operation of the means of transport and not on the nationality of the product.
3. Article III paragraphs 8, 9, and 10 of the GATT shall be applicable mutatis mutandis between the Parties.
Article 11ter.
The following Articles of the GATT shall be applicable mutatis mutandis between the two Parties,
(i) Article VII, paragraphs 1, 2, 3, 4a, 4b, 4d, 5;
(ii) Article VIII;
(iii) Article IX;
(iv) Article X.
Article 12.
Goods shall be traded between the Parties at market-related prices.
Article 13.
1. Where any product is being imported into the territory of one of the Parties in such increased quantities and under such conditions as to cause or threaten to cause substantial injury to domestic producers of like or direct competitive products, the Community or the Republic of Belarus, whichever is concerned, may take appropriate measures in accordance with the following procedures and conditions.
2. Before taking any measures, or in cases to which paragraph 4 applies as soon as possible thereafter, the Community or the Republic' of Belarus as the case may be shall supply the Cooperation Committee with all relevant information with a view to seeking a solution acceptable to both Parties.
3. If, as a result of the consultations, the Parties do not reach agreement within 30 days of referral to the Cooperation Committee on actions to avoid the situation, the Party which requested consultations shall be free to restrict imports of the products concemed to the extent and for such time as is necessary to prevent or remedy the injury, or to adopt other appropriate measures.
4. In critical circumstances where delay would cause damage difficult to repair, the Parties may take the measures before the consultations, on the condition that consultations shall be offered immediately after taking such action.
5. In the selection of measures under this Article, the Contracting Parties shall give priority to those which cause least disturbance to the achievement of the aims of this Agreement.
Article 13bis.
Nothing in this Title, and in Article 13 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 XXII of the GATT or related internal legislation.
In respect of anti-dumping or subsidies 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 the utmost to bring about a constructive solution to the problem.
Article 15.
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 of health and life of humans, animals or plants; the protection of natural resources; the protection of national treasures of artistic, historic or archaeological value or the protection of intellectual, industrial and commercial property or rules relating to gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties.
Article 16.
This Title III shall not apply to trade in textile products falling under chapters 50 to 63 of the Combined Nomenclature. Trade in these products shall be governed by a separate agreement, initialed on Ist April 1993 and applied provisionally with effect from Ist January 1993.
Article 16bis.
1. Trade in products covered by the Treaty establishing the European Coal and Steel Community shall be governed by the provisions of this Title III, with the exception of Article 11.
2. Acontact group on coal and steel matters is set up, comprising representatives of the Community on the one hand, and representatives of the Republic of Belarus on the other.
The contact group shall exchange, on a regular basis, information on all coal and steel matters of interest to the Parties.
Article 17.
Trade in nuclear items will be conducted in accordance with the provisions of the Treaty establishing the European Atomic Energy Community. If necessary, trade in nuclear materials shall be subject to the provisions of a specific Agreement to be concluded between the European Atomic Energy Commumznity and Belarus.
Title IV. Provisions Affecting Business and Investment
Chapter I. Labour Conditions
Article 18.
1. Subject to the laws, conditions and procedures applicable in each Member State, the Community and the Member States shall endeavour to ensure that the treatment accorded to Belanusian nationals legally employed in the territory of a Member State shall be free from any discrimination based on nationality, as regards working conditions, remuneration or dismissal, as compared to its own nationals.
2. Subject to the laws, conditions and procedures applicable in Republic of Belarus, the Republic of Belarus shall endeavour to ensure that the treatment accorded to nationals of a Member State legally employed in the territory of Republic of Belarus shall be free from any discrimination based on nationality, as regards working conditions, remuneration or dismissal, as compared to its own nationals.
Article 18bis. Coordination of Social Security
The Parties shall conclude agreements in order:
(i) 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 Belarusian nationality, legally employed in the territory of a Member State. These provisions will in particular ensure that:
- all periods of insurance, employment or residence completed by such workers in the various Member States shall be added together for the purpose of pensions in respect of old age, invalidity and death and for the purpose of medical care for such workers;
- any pensions in respect of old age, death, industrial accident or occupational disease, or of invalidity resulting therefrom, with the exception of the special non-contributory benefits, shall be freely transferable at the rate applied by virtue of the law of the debtor Member state or states;
(ii) to adopt, subject to the conditions and modalities applicable in Belarus, the provisions necessary to accord to workers who are nationals of a Member State and legally employed in Belarus, treatment similar to that specified in the second indent of paragraph (i).
Article 18ter.
The measures to be taken in accordance with Article 19 bis shall not affegt any rights or obligations arising from bilateral agreements linking Belarus and the Member States where those agreements provide for more favourable treatment of nationals of Belarus or of the Member States.
Article 19.
The Cooperation Council shall examine which joint efforts can be made to contro! illegal immigration, taking into account the principle and practice of readmission.
Article 20.
The Cooperation Council shall examine which improvements can be made in working conditions for business people consistent with the international commitments of the Parties, including those set out in the document of the CSCE Bonn Conference.
Article 21.
The Cooperation Council shall make recommendations for the implementation of Articles 18, 19 and 20.
Chapter II. Conditions Affecting the Establishment and Operations of Enterprises
Article 22.
1. a) The Community and its Member States shall grant for the establishment of Belarusian companies in their territories treatment no less favourable than that accorded to companies of any third country, and this in conformity with their legislation and regulations.
b) Without prejudice to the reservations listed in Annex III, the Community and its Member States shall grant to subsidiaries of Belarusian companies established in their territories a treatment no less favourable than that granted to any Community company, in respect of their operation, and this in conformity with their legislation and regulations.
c) The Community and its Member States shall grant to branches of Belarusian companies established in their territories a treatment no less favourable than that accorded to branches of companies of any third country, in respect of their operation, and this in conformity with their legislation and regulations.
Without prejudice to the reservations listed in Annex IV, Belarus shall grant for the establishment of Community companies in its territory, a treatment no less favourable than that accorded to its own companies or to companies of any third country whichever is the better, and this in confonnity with its legislation and regulations.
2. a) Without prejudice to the reservations listed in Annex IV, Belarus shall grant for the establishment of Community companies in its territory, a treatment no less favourable than that accorded to its own companies or to companies of any third country whichever is the better, and this in confonnity with its legislation and regulations.