Title
Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part
Preamble
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 ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG, THE REPUBLIC OF HUNGARY,
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 establishing the European Community and the Treaty establishing the European Atomic Energy Community, and the Treaty on European Union, hereinafter referred to as "Member States", and
THE EUROPEAN COMMUNITY and THE EUROPEAN ATOMIC ENERGY COMMUNITY,
hereinafter referred to as the "Community",
BOSNIA AND HERZEGOVINA,
together referred to as "the Parties",
of the one part, and
of the other part,
CONSIDERING the strong links between the Parties and the values that they share, their desire to strengthen those links and establish a close and lasting relationship based on reciprocity and mutual interest, which should allow Bosnia and Herzegovina to further strengthen and extend the relations with the Community;
CONSIDERING the importance of this Agreement, in the framework of the Stabilisation and Association process with the countries of south-eastern Europe, in the establishment and consolidation of a stable European order based on cooperation, of which the European Union is a mainstay, as well as in the framework of the Stability Pact;
CONSIDERING the European Union's readiness to integrate Bosnia and Herzegovina to the fullest possible extent into the political and economic mainstream of Europe and its status as a potential candidate for EU membership on the basis of the Treaty on European Union (hereinafter referred to as the "EU Treaty") (1) and fulfilment of the criteria defined by the European Council in June 1993 as well as the conditions of the Stabilisation and Association process, subject to the successful implementation of this Agreement, notably regarding regional cooperation;
CONSIDERING the European Partnership with Bosnia and Herzegovina, which identifies priorities for action in order to support the country's efforts to move closer to the European Union;
CONSIDERING the commitment of the Parties to contribute by all means to the political, economic and institutional stabilisation in Bosnia and Herzegovina as well as in the region, through the development of civil society and democratisation, institution building and public administration reform, regional trade integration and enhanced economic cooperation, as well as through cooperation in a wide range of areas, including in justice and home affairs, and the strengthening of national and regional security;
CONSIDERING the commitment of the Parties to increasing political and economic freedoms as the very basis of this Agreement, as well as their commitment to respect human rights and the rule of law, including the rights of persons belonging to national minorities, and democratic principles through a multi-party system with free and fair elections;
CONSIDERING the commitment of the Parties to the full implementation of all principles and provisions of the UN Charter (1), of the OSCE, notably those of the Final Act of the Conference on Security and Cooperation in Europe (hereinafter referred to as "the Helsinki Final Act"), the concluding documents of the Madrid and Vienna Conferences, the Charter of Paris for a New Europe, as well as to compliance with the obligations under the Dayton/Paris Peace Agreement (2) and of the Stability Pact for south-eastern Europe, so as to contribute to regional stability and cooperation among the countries of the region;
CONSIDERING the commitment of the Parties to the principles of free market economy and the readiness of the Community to contribute to the economic reforms in Bosnia and Herzegovina, as well as the commitment of the Parties to the principles of sustainable development;
CONSIDERING the commitment of the Parties to free trade, in compliance with the rights and obligations arising out of the WTO membership and to apply them in a transparent and non-discriminatory manner;
CONSIDERING the wish of the Parties to further develop regular political dialogue on bilateral and international issues of mutual interest, including regional aspects, taking into account the Common Foreign and Security Policy (CFSP) of the European Union;
CONSIDERING the commitment of the Parties to combat organised crime and to strengthen cooperation in the fight against terrorism on the basis of the declaration issued by the European Conference on 20 October 2001;
CONVINCED that the Stabilisation and Association Agreement (hereinafter referred to as "this Agreement") will create a new climate for economic relations between them and, above all, for the development of trade and investment, factors crucial to economic restructuring and modernisation of Bosnia and Herzegovina;
BEARING in mind the commitment of Bosnia and Herzegovina to approximate its legislation in the relevant sectors to that of the Community, and to effectively implement it;
TAKING ACCOUNT of the Community's willingness to provide decisive support for the implementation of reforms and to use all available instruments of cooperation and technical, financial and economic assistance on a comprehensive indicative multi-annual basis to this endeavour;
CONFIRMING that the provisions of this Agreement that fall within the scope of Part III, Title IV of the Treaty establishing the European Community (hereinafter referred to as the "EC Treaty")1 bind the United Kingdom and Ireland as separate Contracting Parties, and not as Member States of the Community, until the United Kingdom or Ireland (as the case may be) notifies Bosnia and Herzegovina that it has become bound as part of the Community in accordance with the Protocol on the position of the United Kingdom and Ireland annexed to the EU Treaty and the EC Treaty. The same applies to Denmark, in accordance with the Protocol annexed to those Treaties on the position of Denmark;
RECALLING the Zagreb Summit, which called for further consolidation of relations between the countries of the Stabilisation and Association process and the European Union as well as enhanced regional cooperation;
RECALLING that the Thessaloniki Summit reinforced the Stabilisation and Association process as the policy framework for the European Union's relations with the Western Balkan countries and underlined the prospect of their integration with the European Union on the basis of their progress in the reform process and individual merit;
RECALLING the signature of the Central European Free Trade Agreement in Bucharest on 19 December 2006 as a means of enhancing the region's ability to attract investments and the prospects of its integration into the global economy,
HAVE AGREED AS FOLLOWS:
Body
Article 1.
1. An Association is hereby established between the Community and its Member States, of the one part, and Bosnia and Herzegovina of the other part.
2. The aims of this Association are:
(a) to support the efforts of Bosnia and Herzegovina to strengthen democracy and the rule of law;
(b)to contribute to political, economic and institutional stability in Bosnia and Herzegovina, as well as to the stabilisation of the region;
(c) to provide an appropriate framework for political dialogue, allowing the development of close political relations between the Parties;
(d) to support the efforts of Bosnia and Herzegovina to develop its economic and international cooperation, including through the approximation of its legislation to that of the Community;
(e) to support the efforts of Bosnia and Herzegovina to complete the transition into a functioning market economy;
(f) to promote harmonious economic relations and develop gradually a free trade area between the Community and Bosnia and Herzegovina;
(g) to foster regional cooperation in all the fields covered by this Agreement.
Section I. General Principles
Article 2.
Respect for democratic principles and human rights as proclaimed in the Universal Declaration of Human Rights and as defined in the Convention for the Protection of Human Rights and Fundamental Freedoms, in the Helsinki Final Act and the Charter of Paris for a New Europe, respect for principles of international law, including full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY), and the rule of law as well as the principles of market economy as reflected in the Document of the CSCE Bonn Conference on Economic Cooperation, shall form the basis of the domestic and external policies of the Parties and constitute essential elements of this Agreement.
Article 3.
The fight against the proliferation of weapons of mass destruction (hereinafter referred to as "WMD") and their means of delivery constitutes an essential element of this Agreement.
Article 4.
The Parties reaffirm the importance they attach to the implementation of international obligations, notably the full cooperation with ICTY.
Article 5.
International and regional peace and stability, the development of good neighbourly relations, human rights and the respect and protection of minorities are central to the Stabilisation and Association process. The conclusion and the implementation of this Agreement will remain subject to the conditions of the Stabilisation and Association process and are based on the individual merits of Bosnia and Herzegovina.
Article 6.
Bosnia and Herzegovina commits itself to continue and foster cooperation and good neighbourly relations with the other countries of the region including an appropriate level of mutual concessions concerning the movement of persons, goods, capital and services as well as the development of projects of common interest, notably those related to combating organised crime, corruption, money laundering, illegal migration and trafficking, including in particular in human beings, small arms and light weapons as well as illicit drugs. This commitment constitutes a key factor in the development of the relations and cooperation between the Community and Bosnia and Herzegovina and thus contributes to regional stability.
Article 7.
The Parties reaffirm the importance that they attach to the fight against terrorism and the implementation of international obligations in this area.
Article 8.
The association shall be progressively and fully realised over a transitional period of a maximum of six years.
The Stabilisation and Association Council established under Article 115 shall regularly review, as a rule on an annual basis, the implementation of this Agreement and the adoption and implementation by Bosnia and Herzegovina of legal, administrative, institutional and economic reforms. This review shall be carried out in the light of the preamble and in accordance with the general principles of this Agreement. It shall take duly into account priorities set in the European Partnership relevant to this Agreement and be in coherence with the mechanisms established under the Stabilisation and Association process, notably the progress report on the Stabilisation and Association process.
On the basis of this review, the Stabilisation and Association Council shall issue recommendations and may take decisions. Where the review identifies particular difficulties, they may be referred to the mechanisms of dispute settlement established under this Agreement.
The full association shall be progressively realised. No later than the third year after the entry into force of this Agreement, the Stabilisation and Association Council shall make a thorough review of the application of this Agreement. On the basis of this review the Stabilisation and Association Council shall evaluate progress made by Bosnia and Herzegovina and may take decisions governing the following stages of association.
The aforementioned review will not apply to the free movement of goods, for which a specific schedule is foreseen in Title IV.
Article 9.
This Agreement shall be fully compatible with and implemented in a manner consistent with the relevant WTO provisions, in particular Article XXIV of the General Agreement on Tariffs and Trade 1994 (GATT 1994) (1) and Article V of the General Agreement on Trade in Services (GATS). (2)
Section II. Political Dialogue
Article 10.
1. Political dialogue between the Parties shall be further developed within the context of this Agreement. It shall accompany and consolidate the rapprochement between the European Union and Bosnia and Herzegovina and contribute to the establishment of close links of solidarity and new forms of cooperation between the Parties.
2. The political dialogue is intended to promote in particular:
(a) Bosnia and Herzegovina's full integration into the community of democratic nations and gradual rapprochement with the European Union;
(b) an increasing convergence of positions of the Parties on international issues, including CFSP issues, also through the exchange of information as appropriate, and, in particular, on those issues likely to have substantial effects on the Parties;
(c) regional cooperation and the development of good neighbourly relations;
(d) common views on security and stability in Europe, including cooperation in the areas covered by the CFSP of the European Union.
3. The Parties consider that the proliferation of WMD and their means of delivery, both to state and nonstate actors, represents one of the most serious threats to international stability and security. The Parties therefore agree to cooperate and to contribute to countering the proliferation of weapons of mass destruction and their means of delivery through full compliance with and national implementation of their existing obligations under international disarmament and nonproliferation treaties and agreements and other relevant international obligations. The Parties agree that this provision constitutes an essential element of this Agreement and will be part of the political dialogue that will accompany and consolidate these elements. The Parties furthermore agree to cooperate and to contribute to countering the proliferation of weapons of mass destruction and their means of delivery by:
(a) taking steps to sign, ratify, or accede to, as appropriate, and fully implement all other relevant international instruments;
(b) establishing an effective system of national export controls, controlling the export as well as the transit of WMDrelated goods, including a WMD enduse control on dual use technologies and containing effective sanctions for breaches of export controls.
Political dialogue on this matter may take place on a regional basis.
Article 11.
1. Political dialogue shall primarily take place within the Stabilisation and Association Council, which shall have the general responsibility for any issue which the Parties might wish to put to it.
2. At the request of the Parties, political dialogue may also take place in the following forms:
(a) meetings, where necessary, of senior officials representing Bosnia and Herzegovina, on the one hand, and the Presidency of the Council of the European Union, the Secretary General/High Representative for the Common Foreign and Security Policy and the Commission of the European Communities (hereinafter referred to as "European Commission"), on the other;
(b) taking full advantage of all diplomatic channels between the Parties, including appropriate contacts in third countries and within the United Nations, the OSCE, the Council of Europe and other international fora; (c) any other means which would make a useful contribution to consolidating, developing and enhancing this dialogue, including those identified in the Thessaloniki agenda, adopted in the Conclusions of the European Council in Thessaloniki on 19 and 20 June 2003.
Article 12.
Political dialogue at parliamentary level shall take place within the framework of the Stabilisation and Association Parliamentary Committee established under Article 121.
Article 13.
A political dialogue may take place within a multilateral framework, and as a regional dialogue including other countries of the region, including in the framework of the EUWestern Balkan forum.
Section III. Regional Cooperation
Article 14.
In conformity with its commitment to international and regional peace and stability, and to the development of good neighbourly relations, Bosnia and Herzegovina shall actively promote regional cooperation. The Community assistance programmes may support projects having a regional or crossborder dimension. Whenever Bosnia and Herzegovina foresees to reinforce its cooperation with one of the countries mentioned in Articles 15, 16 and 17, it shall inform and consult the Community and its Member States according to the provisions laid down in Title X. Bosnia and Herzegovina shall implement fully the existing bilateral Free Trade Agreements negotiated pursuant to the Memorandum of Understanding on Trade Facilitation and Liberalisation signed in Brussels on 27 June 2001 by Bosnia and Herzegovina and the Central European Free Trade Agreement signed in Bucharest on 19 December 2006.
Article 15. Cooperation with other Countries Having Signed a Stabilisation and Association Agreement
After the signature of this Agreement, Bosnia and Herzegovina shall start negotiations with the countries which have already signed a Stabilisation and Association Agreement with a view to concluding bilateral conventions on regional cooperation, the aim of which shall be to enhance the scope of cooperation between the countries concerned.
The main elements of these conventions shall be:
(a) political dialogue;
(b) the establishment of free trade areas, consistent with relevant WTO provisions;
(c) mutual concessions concerning the movement of workers, establishment, supply of services, current payments and movement of capital as well as other policies related to movement of persons at an equivalent level to that of this Agreement;
(d) provisions on cooperation in other fields whether or not covered by this Agreement, and notably the field of Justice and Home Affairs.
These conventions shall contain provisions for the creation of the necessary institutional mechanisms, as appropriate.
These conventions shall be concluded within two years after the entry into force of this Agreement. Readiness by Bosnia and Herzegovina to conclude such conventions will be a condition for the further development of the relations between the European Union and Bosnia and Herzegovina.
Bosnia and Herzegovina shall initiate similar negotiations with the remaining countries of the region once these countries have signed a Stabilisation and Association Agreement.
Article 16. Cooperation with other Countries Concerned by the Stabilisation and Association Process
Bosnia and Herzegovina shall pursue regional cooperation with the other countries concerned by the Stabilisation and Association process in some or all the fields of cooperation covered by this Agreement, and notably those of common interest. Such cooperation should always be compatible with the principles and objectives of this Agreement.
Article 17. Cooperation with other Countries Candidate for Eu Accession Not Concerned by the Stabilisation and Association Process
1. Bosnia and Herzegovina should foster its cooperation and conclude a convention on regional cooperation with any other country candidate for EU accession not concerned by the Stabilisation and Association process in any of the fields of cooperation covered by this Agreement. Such convention should aim to gradually align bilateral relations between Bosnia and Herzegovina and that country with the relevant part of the relations between the Community and its Member States and that country.
2. Bosnia and Herzegovina shall conclude before the end of the transitional period referred to in Article 18(1) with Turkey, which has established a customs union with the Community, on a mutually advantageous basis, an agreement establishing a free trade area in accordance with Article XXIV of the GATT 1994 as well as liberalising the establishment and supply of services between them at an equivalent level of this Agreement in accordance with Article V of the GATS.
Title IV. FREE MOVEMENT OF GOODS
Article 18.
1. The Community and Bosnia and Herzegovina shall gradually establish a free trade area over a period lasting a maximum of five years starting from the entry into force of this Agreement in accordance with the provisions of this Agreement and in conformity with those of the GATT 1994 and the WTO. In so doing they shall take into account the specific requirements laid down hereinafter.
2. The Combined Nomenclature shall be applied to the classification of goods in trade between the Parties.
3. For the purpose of this Agreement customs duties and charges having equivalent effect to customs duties include any duty or charge of any kind imposed in connection with the importation or exportation of a good, including any form of surtax or surcharge in connection with such importation or exportation, but do not include any:
(a) charges equivalent to an internal tax imposed consistently with the provisions of paragraph 2 of Article III of the GATT 1994;
(b) antidumping or countervailing measures;
(c) fees or charges commensurate with the costs of services rendered.
4. For each product, the basic duty to which the successive tariff reductions set out in this Agreement are to be applied shall be:
(a) the Community Common Customs Tariff, established pursuant to Council Regulation (EEC) No 2658/87 1, actually applied erga omnes on the day of the signature of this Agreement; (b) the Bosnia and Herzegovina's applied Customs Tariff for 2005. (2)
5. The reduced duties to be applied by Bosnia and Herzegovina calculated as set out in this Agreement shall be rounded to the nearest decimal numbers using common arithmetical principles. Therefore, all figures which have less than 5 after the first decimal point shall be rounded down to the nearest decimal number and all figures which have more than 5 (included) after the first decimal point shall be rounded up to the nearest decimal number.
6. If, after the signature of this Agreement, any tariff reduction is applied on an erga omnes basis, in particular reductions resulting:
(a) from the tariff negotiations in the WTO or,
(b) in the event of the accession of Bosnia and Herzegovina to the WTO or,
(c) from subsequent reductions after the accession of Bosnia and Herzegovina to the WTO, such reduced duties shall replace the basic duty referred to in paragraph 4 as from the date when such reductions are applied.
7. The Community and Bosnia and Herzegovina shall communicate to each other their respective basic duties and any changes thereof.
Chapter I. Industrial Products
Article 19. Definition
1. The provisions of this Chapter shall apply to products originating in the Community or in Bosnia and Herzegovina listed in Chapters 25 to 97 of the Combined Nomenclature, with the exception of the products listed in Annex I, paragraph I, (ii) of the WTO Agreement on Agriculture. (1)
2. Trade between the Parties in products covered by the Treaty establishing the European Atomic Energy Community shall be conducted in accordance with the provisions of that Treaty.
Article 20. Community Concessions on Industrial Products
1. Customs duties on imports into the Community and charges having equivalent effect shall be abolished upon the entry into force of this Agreement on industrial products originating in Bosnia and Herzegovina.
2. Quantitative restrictions on imports into the Community and measures having equivalent effect shall be abolished upon the entry into force of this Agreement on industrial products originating in Bosnia and Herzegovina.
Article 21. Bosnia and Herzegovina Concessions on Industrial Products
1. Customs duties on imports into Bosnia and Herzegovina of industrial products originating in the Community other than those listed in Annex I shall be abolished upon the entry into force of this Agreement.
2. Charges having equivalent effect to customs duties on imports into Bosnia and Herzegovina shall be abolished upon the entry into force of this Agreement on industrial products originating in the Community.
3. Customs duties on imports into Bosnia and Herzegovina of industrial products originating in the Community which are listed in Annex I(a), I(b) and I(c) shall be progressively reduced and abolished in accordance with timetables indicated in that Annex.
4. Quantitative restrictions on imports into Bosnia and Herzegovina of industrial products originating in the Community and measures having equivalent effect shall be abolished upon the date of entry into force of this Agreement.
Article 22. Duties and Restrictions on Exports
1. The Community and Bosnia and Herzegovina shall abolish any customs duties on exports and charges having equivalent effect in trade between them upon the entry into force of this Agreement.
2. The Community and Bosnia and Herzegovina shall abolish between themselves any quantitative restrictions on exports and measures having equivalent effect upon the entry into force of this Agreement.
Article 23. Faster Reductions In Customs Duties
Bosnia and Herzegovina declares its readiness to reduce its customs duties in trade with the Community more rapidly than is provided for in Article 21 if its general economic situation and the situation of the economic sector concerned so permit. The Stabilisation and Association Council shall analyse the situation in this respect and make the relevant recommendations.
Chapter II. Agriculture and Fisheries
Article 24. Definition
1. The provisions of this Chapter shall apply to trade in agricultural and fishery products originating in the Community or in Bosnia and Herzegovina.
2. The term ''agricultural and fishery products" refers to the products listed in Chapters 1 to 24 of the Combined Nomenclature and the products listed in Annex I, paragraph I, (ii) of the WTO Agreement on Agriculture. 3. This definition includes fish and fishery products covered by Chapter 3, headings 1604 and 1605, and subheadings 0511 91, 1902 20 10 and 2301 20 00.
Article 25. Processed Agricultural Products
Protocol 1 lays down the trade arrangements for processed agricultural products which are listed therein.
Article 26. Elimination of Quantitative Restrictions on Agricultural and Fishery Products
1. From the date of entry into force of this Agreement, the Community shall abolish all quantitative restrictions and measures having equivalent effect on imports of agricultural and fishery products originating in Bosnia and Herzegovina.
2. From the date of entry into force of this Agreement, Bosnia and Herzegovina shall abolish all quantitative restrictions and measures having equivalent effect on imports of agricultural and fishery products originating in the Community.
Article 27. Agricultural Products
1. From the date of entry into force of this Agreement, the Community shall abolish the customs duties and charges having equivalent effect on imports of agricultural products originating in Bosnia and Herzegovina, other than those of headings 0102, 0201, 0202, 1701, 1702 and 2204 of the Combined Nomenclature. For the products covered by Chapters 7 and 8 of the Combined Nomenclature, for which the Common Customs Tariff provides for the application of ad valorem customs duties and a specific customs duty, the elimination applies only to the ad valorem part of the duty.
2. From the date of entry into force of this Agreement, the Community shall fix the customs duties applicable to imports into the Community of "baby beef" products defined in Annex II and originating in Bosnia and Herzegovina at 20 % of the ad valorem duty and 20 % of the specific duty as laid down in the Common Customs Tariff, within the limit of an annual tariff quota of 1 500 tonnes expressed in carcass weight.
3. From the date of entry into force of this Agreement, the Community shall apply dutyfree access on imports into the Community for products originating in Bosnia and Herzegovina of headings 1701 and 1702 of the Combined Nomenclature, within the limit of an annual tariff quota of 12 000 tonnes (net weight).
4. From the date of entry into force of this Agreement, Bosnia and Herzegovina shall:
(a) abolish the customs duties applicable on imports of certain agricultural products originating in the Community, listed in Annex III(a);
(b) reduce progressively the customs duties applicable on imports of certain agricultural products originating in the Community, listed in Annex III(b), III(c) and III(d) in accordance with the timetable indicated for each product in that Annex; (c) abolish the customs duties applicable on imports of certain agricultural products originating in the Community, listed in Annex III(e) within the limit of the tariff quota indicated for the products concerned.
5. Protocol 7 lays down the arrangements applicable to the wine and spirit drinks products referred to therein.
Article 28. Fish and Fishery Products
1. From the date of entry into force of this Agreement the Community shall abolish all customs duties or charges having equivalent effect on fish and fishery products originating in Bosnia and Herzegovina, other than those listed in Annex IV. Products listed in Annex IV shall be subject to the provisions laid down therein.
2. From the date of entry into force of this Agreement Bosnia and Herzegovina shall abolish customs duties or charges having an equivalent effect on fish and fishery products originating in the Community in line with the provisions as specified in Annex V.
Article 29. Review Clause
Taking account of the volume of trade in agricultural and fishery products between the Parties, of their particular sensitivities, of the rules of the Community common policies and of the policies for agriculture and fisheries in Bosnia and Herzegovina of the role of agriculture and fisheries in the economy of Bosnia and Herzegovina, of the consequences of the multilateral trade negotiations in the framework of the WTO as well as of the eventual accession of Bosnia and Herzegovina to the WTO, the Community and Bosnia and Herzegovina shall examine in the Stabilisation and Association Council, no later than three years after the entry into force of this Agreement, product by product and on an orderly and appropriate reciprocal basis, the opportunities for granting each other further concessions with a view to implementing greater liberalisation of the trade in agricultural and fishery products.
Article 30.
Notwithstanding other provisions of this Agreement, and in particular Article 39, given the particular sensitivity of the agricultural and fisheries markets, if imports of products originating in one Party, which are the subject of concessions granted pursuant to Articles 25 to 28, cause serious disturbance to the markets or to their domestic regulatory mechanisms, in the other Party, both Parties shall enter into consultations immediately to find an appropriate solution. Pending such solution, the Party concerned may take the appropriate measures it deems necessary.
Article 31. Protection of Geographical Indications for Agricultural and Fishery Products and Foodstuffs other Than Wine and Spirit Drinks.
1. Bosnia and Herzegovina shall provide protection of geographical indications of the Community registered in the Community under Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, (1) in accordance with the terms of this Article. Geographical indications of Bosnia and Herzegovina for agricultural and fishery products shall be eligible for registration in the Community under the conditions set out in that Regulation.
2. Bosnia and Herzegovina shall prohibit any use in its territory of the names protected in the Community for comparable products not complying with the geographical indication's specification. This shall apply even where the true geographical origin of the good is indicated, the geographical indication in question is used in translation, the name is accompanied by terms such as "kind", "type", "style", "imitation", "method" or other expressions of the sort.
3. Bosnia and Herzegovina shall refuse the registration of a trademark the use of which corresponds to the situations referred to in paragraph 2.
4. Trademarks which have been registered in Bosnia and Herzegovina or established by use, the use of which corresponds to the situations referred to in
Chapter III. Common Provisions
Article 32. Scope
The provisions of this Chapter shall apply to trade in all products between the Parties except where otherwise provided herein or in Protocol 1.
Article 33. Improved Concessions
The provisions of this Title shall in no way affect the application, on a unilateral basis, of more favourable measures by any Party.
Article 34. Standstill
1. From the date of entry into force of this Agreement, no new customs duties on imports or exports or charges having equivalent effect shall be introduced, nor shall those already applied be increased, in trade between the Community and Bosnia and Herzegovina.