15. Complementary
Without prejudice to Article 10, any agreements on mutual assistance which have been concluded between one or more Member States and the Republic of Azerbaijan shall not prejudice Community provisions governing the communication between the competent services of the Commission of the European Communities and the customs authorities of the Member States of any information obtained in customs matters which could be of Community interest.
Final act
The plenipotentiaries of:
THE KINGDOM OF BELGIUM,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
IRELAND,
THE ITALIAN REPUBLIC,
THE GRAND DUCHY OF LUXEMBOURG,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE PORTUGUESE REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty establishing the EUROPEAN COMMUNITY, the Treaty establishing the EUROPEAN COAL AND STEEL COMMUNITY and the Treaty establishing the EUROPEAN ATOMIC ENERGY COMMUNITY,
Hereinafter referred to as "the Member States", and of
The EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL COMMUNITY, and the EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as "the Community", of the one part, and
The plenipotentiaries of the REPUBLIC OF AZERBAIJAN, of the other part,
Meeting at Luxembourg on the 22.04.1996 for the signature of the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, hereinafter referred to as the "Agreement", have adopted the following texts: the Agreement including its Annexes and the following Protocol:
Protocol on mutual assistance between administrative authorities in customs matters The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of the Republic of Azerbaijan have adopted the texts of the Joint Declarations listed below and annexed to this Final Act:
Joint Declaration concerning the twelfth recital in the preamble to the Agreement
Joint Declaration concerning Article 4 of the Agreement Joint Declaration in relation to Article 6 of the Agreement Joint Declaration concerning Article 15 of the Agreement
Joint Declaration concerning the Notion of "control" in Article 25(b) and Article 36
Joint Declaration concerning Article 35 of the Agreement
Joint Declaration concerning Article 42 of the Agreement
Joint Declaration concerning Article 55 of the Agreement
Joint Declaration concerning Article 98 of the Agreement
The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of the Republic of Azerbaijan have further taken note of the Declaration by the French Government on its overseas countries and territories annexed to this Final Act.
The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of the Republic of Azerbaijan have also taken note of the following Exchange of Letters annexed to this Final Act:
Exchange of Letters between the Community and the Republic of Azerbaijan in relation to the establishment of companies.
JOINT DECLARATION CONCERNING THE TWELFTH RECITAL IN THE PREAMBLE
The Parties confirm that the twelfth recital in the preamble to this Agreement does not imply any judgment as to which countries, other than Azerbaijan, energy products should transit.
JOINT DECLARATION CONCERNING ARTICLE 4
In reviewing changing circumstances in the Republic of Azerbaijan, as foreseen in Article 4, the Parties shall discuss important changes which may have a significant bearing on Azerbaijan's future development. This could include accession by Azerbaijan to the WTO, the Council of Europe or other international bodies or accession to any regional customs union or any form of regional integration agreement.
JOINT DECLARATION IN RELATION TO ARTICLE 6
Should the Parties agree that circumstances warrant meetings at the highest level, such meetings may be arranged on an ad hoc basis.
JOINT DECLARATION CONCERNING ARTICLE 15
Until the Republic of Azerbaijan accedes to the WTO, the Parties shall hold consultations in the Cooperation Committee on their import tariff policies, including changes in tariff protection. In particular, such consultations shall be offered prior to the increase of tariff protection.
1. The Parties confirm their mutual understanding that the question of control shall depend on the factual circumstances of the particular case.
2. A company shall, for example, be considered as being "controlled" by another company, and thus a subsidiary of such other company if:
- The other company holds directly or indirectly a majority of the voting rights, or
- The other company has the right to appoint or dismiss a majority of the administrative organ, of the management organ or of the supervisory organ and is at the same time a shareholder or member of the subsidiary;
3. Both Parties consider the criteria in paragraph 2 to be non-exhaustive.
JOINT DECLARATION CONCERNING ARTICLE 35
The sole fact of requiring a visa for natural persons of certain Parties and not for those of others shall not be regarded as nullifying or impairing benefits under a specific commitment.
JOINT DECLARATION CONCERNING ARTICLE 42
The Parties agree that for the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, the rights relating to patents, industrial designs, geographical indications, including appellations of origin, trademarks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Article 10bis of the Paris Convention for the protection of Industrial Property and protection of undisclosed information on know-how.
JOINT DECLARATION CONCERNING ARTICLE 55
The provisions of Article 55(3) shall not require either of the Parties to provide information of a confidential nature.
JOINT DECLARATION CONCERNING ARTICLE 98
1. The Parties agree, for the purpose of its correct interpretation and its practical application, that the term "cases of special urgency" included in Article 98 of the Agreement means cases of material breach of the Agreement by one of the Parties. A material breach of the Agreement consists in
(a) repudiation of the Agreement not sanctioned by the general rules of international law
Or
(b) violation of the essential elements of the Agreement set out in Article 2.
2. The Parties agree that the "appropriate measures" referred to in Article 98 are measures taken in accordance with international law. If a party takes a measure in a case of special urgency as provided for under Article 98, the other party may avail itself of the procedure relating to settlement of disputes.
DECLARATION BY THE FRENCH GOVERNMENT ON ITS OVERSEAS COUNTRIES AND TERRITORIES
The French Republic notes that the Partnership and Cooperation Agreement with the Republic of Azerbaijan does not apply to the overseas countries and territories associated with the European Community pursuant to the Treaty establishing the European Community.
Done at Luxembourg on the twenty-second day of April in the year one thousand nine hundred and ninety-six.
EXCHANGE OF LETTERS BETWEEN THE COMMUNITY AND THE REPUBLIC OF AZERBAIJAN IN RELATION TO THE ESTABLISHMENT OF COMPANIES
I
A. Letter from the Government of the Republic of Azerbaijan
Sir,
I refer to the Partnership and Cooperation Agreement initialled on 19.12.1995.
As I underlined during the negotiations, the Republic of Azerbaijan grants to Community companies establishing and operating in the Republic of Azerbaijan in certain respects a privileged treatment. I explained that this reflects the Azerbaijani policy to promote by all means the establishment of Community companies in the Republic of Azerbaijan.
With this in mind, it is my understanding that during the period between the date of initialling of this Agreement and the entry into force of the relevant articles on establishment of companies, the Republic of Azerbaijan shall not adopt measures or regulations which would introduce or worsen discrimination of Community companies vis-a-vis Azerbaijani companies or companies from any third country as compared to the situation existing on the date of initialling of this Agreement.
I would be obliged if you would acknowledge receipt of this letter.
Please accept, Sir, the assurance of my highest consideration.
For the Government of the Republic of Azerbaijan
B. Letter from the European Community
Sir,
Thank you for your letter of today's date, which reads as follows:
[See letter I]
I acknowledge receipt of the letter.
Please accept, Sir, the assurance of my highest consideration.
On behalf of the European Community