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 UZBEKISTAN, of the other part,
Meeting at Florence on 21 June 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 Uzbekistan, 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 Uzbekistan have adopted the texts of the Joint Declarations listed below and annexed to this Final Act:
Joint Declaration on personal data
Joint Declaration in relation to Article 5 of the Agreement
Joint Declaration concerning Title III
Joint Declaration concerning Article 14 of the Agreement
Joint Declaration concerning the notion of control in Article 24(b) and Article 35
Joint Declaration concerning Article 34 of the Agreement
Joint Declaration concerning Article 41 of the Agreement
Joint Declaration concerning Article 95 of the Agreement
The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of the Republic of Uzbekistan 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 Uzbekistan in relation to the establishment of companies
The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of the Republic of Uzbekistan have further taken note of the following Declaration annexed to this Final Act:
Declaration by the French Government
Done at Florence on the twenty-first day of June in the year one thousand nine hundred and ninety-six.
Joint declarations
Joint declaration on personal data
In applying the Agreement, the parties are aware of the necessity of an adequate protection of individuals with regard to the processing of personal data and on the free movement of such data.
Joint declaration in relation to Article 5
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 Title III
All references to the GATT are to the text of the GATT as modified in 1994.
Joint declaration concerning Article 14
Until the Republic of Uzbekistan 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.
Joint declaration concerning the notion of control in Article 24(b) and Article 35
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 34
The sole fact of requiring a visa for natural persons of certain Parties and not for those of others shall riot be regarded as nullifying or impairing benefits under a specific commitment.
Joint declaration concerning Article 41
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 lObis of the Paris Convention for the protection of Industrial Property and Protection of undisclosed information on know-how.
Joint declaration concerning Article 95
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 95 of this Agreement means cases of material breach of this Agreement by one of the Parties. A material breach of this Agreement consists in:
(a) repudiation of this Agreement not sanctioned by the general rules of international law or
(b) violation of the essential elements of this Agreement set out in Article 2.
2. The Parties agree that the appropriate measures referred to in Article 95 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 95, the other party may avail itself of the procedure relating to settlement of disputes.
Attachments
EXCHANGE OF LETTERS. Between the community and the republic of uzbekistan in relation to the establishment of companies
A. Letter jrom the Government of the Republic of Uzbekistan
Sir,
I refer to the Partnership and Cooperation Agreement initialled on 29 April 1996.
As I underlined during the negotiations, the Republic of Uzbekistan grants to Community companies establishing and operating in the Republic of Uzbekistan in certain respects a privileged treatment. I explained that this reflects the Uzbek policy to promote by all means the establishment of Community companies in the Republic of Uzbekistan.
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 Uzbekistan shall not adopt measures or regulations which would introduce or worsen discrimination of Community companies vis-d-vis Uzbek 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 Uzbekistan
B. Letter from the European Community
Sir,
Thank you for your letter of today's date, which reads as follows:
I refer to the Partnership and Cooperation Agreement initialled on 29 April 1996.
As I underlined during the negotiations, the Republic of Uzbekistan grants to Community companies establishing and operating in the Republic of Uzbekistan in certain respects a privileged treatment. I explained that this reflects the Uzbek policy to promote by all means the establishment of Community companies in the Republic of Uzbekistan.
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 Uzbekistan shall not adopt measures or regulations which would introduce or worsen discrimination of Community companies vis-a-vis Uzbek 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.
I acknowledge receipt of the letter.
Please accept, Sir, the assurance of my highest consideration.
On behalf of the European Community
Declaration by the French Government
The French Republic notes that the Partnership and Cooperation Agreement with the Republic of Uzbekistan does not apply to the overseas countries and territories associated with the European Community pursuant to the Treaty establishing the European Community.