EU - Iraq Cooperation Agreement (2012)
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Article 87. Industrial and Small and Medium-sized Enterprises Policies Cooperation

1. The aim of cooperation in this area must facilitate the restructuring and modernisation of Iraqi industry while fostering its competitiveness and growth and to create conditions favourable to mutually beneficial cooperation between industry in Iraq and the Union.

(d) cooperation and information exchange within the human rights related institutions of the United Nations;

(e) support to the Government of Iraq's efforts to provide a suitable standard of living to Iraqi citizens and safeguard their political, economic, social, and cultural rights without discrimination;

(f) support to national reconciliation and fight against impunity;

(g) establishment of a comprehensive human rights dialogue.

Article 87. Industrial and Small and Medium-sized Enterprises Policies Cooperation

1. The aim of cooperation in this area must facilitate the restructuring and modernisation of Iraqi industry while fostering its competitiveness and growth and to create conditions favourable to mutually beneficial cooperation between industry in Iraq and the Union.

A. General

2. The cooperation shall:

(a) foster a comprehensive industrial strategy in Iraq that takes into consideration the reality of the current state of industrial enterprises on the public and private sectors;

(b) encourage Iraq to restructure and modernise its industry, under conditions ensuring environmental protection, sustainable development and economic growth;

(c) foster an environment which favours private initiatives on the industrial field, with the aim of stimulating and diversifying output for the domestic and export markets;

3. The forms of cooperation may include, inter alia, specific programs and projects, as mutually agreed, as well as dialogue, capacity building, cooperation and initiatives on topics of common interest at bilateral or multilateral level.

4. The Parties agree to involve social partners and other relevant stakeholders in the dialogue and cooperation.

Article 85. Civil Society

The Parties recognise the role and potential contribution of organised civil society, especially academics and links between think-tanks, in the dialogue and cooperation process under this agreement and agree to promote effective dialogue with organised civil society and its effective participation.

Article 86. Human Rights

1. The Parties agree to cooperate in the promotion and effective protection of human rights, including with regard to the ratification and implementation of international human rights instruments and the provision of technical assistance, training and capacity building as appropriate. The parties are aware that the impact of any cooperation and development program will be limited if it does not protect, enhance and respect human rights.

2. Cooperation on human rights may include, inter alia:

(a) strengthening governmental human rights related institutions and non-governmental organisations that are working in this field;

(b) provision of human rights promotion and education at national and local level, especially among public administration, judiciary and law enforcement bodies, with respect to the rights of women and children;

(c) development of the legislation of Iraq in compliance with international humanitarian and human rights law;

(d) cooperation and information exchange within the human rights related institutions of the United Nations;

(e) support to the Government of Iraq's efforts to provide a suitable standard of living to Iraqi citizens and safeguard their political, economic, social, and cultural rights without discrimination;

(f) support to national reconciliation and fight against impunity;

(g) establishment of a comprehensive human rights dialogue.

Article 87. Industrial and Small and Medium-sized Enterprises Policies Cooperation

1. The aim of cooperation in this area must facilitate the restructuring and modernisation of Iraqi industry while fostering its competitiveness and growth and to create conditions favourable to mutually beneficial cooperation between industry in Iraq and the Union.

A. General

2. The cooperation shall:

(a) foster a comprehensive industrial strategy in Iraq that takes into consideration the reality of the current state of industrial enterprises on the public and private sectors;

(b) encourage Iraq to restructure and modernise its industry, under conditions ensuring environmental protection, sustainable development and economic growth;

(c) foster an environment which favours private initiatives on the industrial field, with the aim of stimulating and diversifying output for the domestic and export markets;

(d) promote an environment favourable to stimulate the growth and the diversification of industrial production in a sustainable development perspective;

(e) work on the provision of information that serves the joint cooperation in industrial fields;

(f) promote the use of Union and international technical regulations standards and conformity assessment procedures in order to facilitate Iraq's integration into the global economy; establishing regular exchanges between both sides' standardisation and normalisation entities;

(g) cooperate to create an appropriate industrial business environment;

(h) promote and encourage the improvement of information support services as a key element of growth potential for business activities and economic development;

(i) develop links between the Parties' industrial operators (companies, professionals, sectoral and other business organisations, organised labour, etc.);

(j) encourage joint industrial projects and establish joint ventures and information networks.

B. Small and Medium-Sized Enterprises

3. The Parties, taking into account their respective economic policies and objectives, agree to promote industrial policy cooperation in all fields deemed suitable with a view to improving the competitiveness of small and medium-sized enterprises (SMEs).

4. The Parties shall:

(a) aim to develop and strengthen SMSs and to promote the cooperation among SMEs;

(b) develop assistance required by Micro-Enterprises and SMEs in areas such as financing, skills training, technology and marketing, innovation and other requirements for SMEs establishment, such as incubator parks, and other development areas;

(c) support SMEs activities through relevant networking; and

(d) facilitate business cooperation, supporting the relevant cooperation activities established by the private sectors of both sides through appropriate links between Iraqi and Union private sector operators in order to improve the flow of information.

Article 88. Cooperation In the Field of Investment

1. The Parties shall cooperate to establish a favourable climate for investments, both domestic and foreign, to provide adequate protection for investment, the transfer of capital and the exchange of the information on investment opportunities.

2. The Parties agree to support the promotion and protection of investments on the basis of the principles of non-discrimination and reciprocity.

3. The Parties shall encourage the exchange of information on laws, regulations and administrative practices in the field of investments.

4. The Parties undertake to encourage cooperation between their respective financial institutions to facilitate investments opportunities.

5. In order to facilitate investment and trade, the Union is ready to assist Iraq, when requested, in its endeavours to bring its legislative and regulatory frameworks closer to those of the Union in the areas covered by this Agreement.

Article 89. Industrial Standards and Conformity Assessment

The Parties may cooperate in the following areas of standards, technical regulations and conformity assessment:

1. Promotion of greater use of international standards in technical regulations and conformity assessment, including sector specific measures, in the Parties' territories, and increasing cooperation between the Parties in relation to the work of relevant international institutions and organisations;

2. Support for capacity building initiatives in the fields of standardisation, conformity assessment, accreditation, metrology and market surveillance in Iraq; 

3. Promoting and encouraging bilateral cooperation between organisations in Iraq and the Union responsible for standardisation, conformity assessment, accreditation, metrology and market surveillance.

4. Developing common views on good regulatory practices, including, but not limited to:

(a) Transparency in the preparation, adoption and application of technical regulations, standards and conformity assessment procedures;

(b) Necessity and proportionality of regulatory measures and related conformity assessment procedures, including the use of suppliers declaration of conformity;

(c) Use of international standards as a basis for setting up technical regulations, except where such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued;

(d) Enforcement of technical regulations and market surveillance activities.

5. Enhancing regulatory, technical and scientific cooperation by, inter alia, exchanging information, experiences and data, with a view to improving the quality and level of technical regulations and making efficient use of regulatory resources; 

6. Developing the compatibility and convergence of technical regulations, standards and conformity assessment procedures;

Article 90. Cooperation on Agriculture, Forestry and Rural Development

The objective is to promote cooperation in the agriculture, forestry and rural development sectors with a view to promoting diversification, environmentally sound practices, sustainable economic and social development and food security. To this end the Parties will examine:

(a) capacity building and training to public institutions;

(b) measures aimed at enhancing the quality of agricultural products, capacity building measures for producers associations and supporting trade promotion activities;

(c) environmental health, animal and plant health measures and other related aspects, taking account of the legislation in force for both parties, in compliance with WTO and multilateral environmental agreement rules;

(d) measures relating to sustainable economic and social development of rural territories, including environmentally sound practices, forestry, research, transfer of know-how, access to land, water management and irrigation, sustainable rural development and food security;

(e) measures relating to preservation of agricultural traditional knowledge that give their populations their specific identities, including cooperation on geographical indications, exchanges of experiences at local level and development of cooperation networks;

(f) modernisation of agricultural sector including farming practices and diversification of agricultural production.

Article 91. Energy

1. The Parties endeavour to enhance cooperation in the energy sector in respect of the principles of free, competitive and open energy markets with the aim to:

(a) Enhancing energy security while ensuring environmental sustainability and promoting economic growth;

(b) Developing institutional, legislative and regulatory frameworks in the energy sector, to ensure efficient energy market functioning and promoting energy investments;

(c) Developing and promoting partnerships between companies in the Union and Iraq in the field of exploration, production, processing, transportation, distribution and services in the energy sector;

(d) Developing a regular and effective energy dialogue between between the Parties and in the regional context, including through the Euro-Arab Mashreq Gas Market and other relevant regional initiatives.

2. To this end, the Parties agree to promote mutually beneficial contacts with a view to:

(a) supporting the development of appropriate energy policy, its regulatory framework and infrastructure in Iraq, founded on principles of environmental sustainability, sound management of energy resources and on free, competitive and open market;

(b) cooperating towards improving administrative and legal capabilities and towards establishing stable and transparent legal framework conditions to stimulate economic activity and international energy investments in Iraq;

(c) fostering technical cooperation for the exploration and field development of the Iraqi oil and natural gas reserves, as well as for the development and modernisation of the oil and gas infrastructure, including transport and transit networks to the Mashreq region, other relevant regional initiatives and towards the market in the Union;

(d) improving the reliability of the electricity supply system in Iraq;

(e) enhancing cooperation to improve energy security and to combat climate change, through the promotion of renewable energy sources, energy efficiency and reduction of gas-flaring;

(f) facilitating the exchange of know-how and the transfer of technology, best practices as well as training professionals;

(g) promoting Iraq's participation in the process of regional integration of the energy markets.

Article 92. Transport

1. The Parties endeavour to enhance cooperation in the transport sector in respect of the establishment of a sustainable and efficient transport system, with the aim to:

(a) enhancing transport development and interconnections while ensuring environmental sustainability and promoting economic growth;

(b) developing institutional, legislative and regulatory frameworks in all transport sectors, to ensure efficient transport market functioning and promoting transport investments;

(c) developing and promoting partnerships between companies in the Union and in Iraq in the field of exploration, capacity building, infrastructure developments, transport safety and security and services in the transport sector;

(d) developing a regular and effective transport dialogue between the Parties and in the regional context, including through the Euro-Mediterranean transport cooperation and other relevant regional initiatives.

2. To this end, the Parties agree to promote mutually beneficial contacts with a view to:

(a) supporting the development of appropriate transport policy for the development of all modes of transport, its regulatory framework and the rehabilitation and development of transport infrastructures in Iraq, emphasising the importance of sustainability; ensure intermodality and integration of all transport modes; examine the possibility of further approximation of legislative and regulatory frameworks with Union and International standards, in particular for safety and security;

(b) cooperating in improving/re-establishing the administrative and legal capabilities in view to prepare specific plans for priority sectors and to establish stable and transparent legal framework conditions to stimulate transport economic activity and international transport investment in Iraq, on the basis of Union policies and practices; and develop the necessary independent regulatory authorities;

(c) fostering technical cooperation for the exploration and development of all transport sectors in Iraq, as well as for the development and modernisation of transport infrastructures, including the interconnections to the transport networks to the Mashreq region, other relevant regional initiatives and towards the Union market;

(d) improving the reliability of the transport flows towards and through Iraq;

(e) facilitating the exchange of know-how and the transfer of technology, best practices as well as training professionals, are essential steps of cooperation and should be tackled in priority;

(f) promoting Iraq's participation in the process of interconnection to the transport regional systems;

(g) implementing a national aviation policy including the development of the airports, air traffic management and further reinforce administrative capacity (including the establishment of an autonomous Civil Aviation Authority as a genuine regulator); negotiate a "horizontal" air transport agreement in order to restore legal certainty to bilateral air services agreements; and explore the opportunities for negotiations on a comprehensive Union-Iraq aviation agreement.

Article 93. Environment

1. The Parties agree on the need to strengthen and enhance environmental protection efforts, for example on climate change, sustainable natural resource management, and the safeguarding of biological diversity as a basis for the development of current and future generations.

2. The Parties agree that cooperation in this field should promote environmental protection in pursuit of sustainable development. The agreed outcome of the World Summit on Sustainable Development shall be taken into account in all activities undertaken by the Parties under this agreement.

3. Cooperation in this field should focus, inter alia, on:

(a) exchanging information and expertise in the area of environment (for example on urban issues, nature protection, water and waste management, disaster management, etc.);

(b) encouraging and promoting regional cooperation in the field of environmental protection, including encouraging investments in environmental projects and programmes;

(c) promoting environmental awareness and enhanced participation of local communities in environmental protection and sustainable development efforts;

(d) supporting capacity building in the field of environment, for example climate change mitigation and adaptation;

(e) cooperating in the negotiation and implementation of Multilateral Environmental Agreements;

(f) encouraging the exchange of technical assistance in environmental programming and in integrating environmental considerations into other policy areas;

(g) supporting environmental research and analysis.

Article 94. Telecommunications

The Parties shall cooperate:

(a) to foster enhanced exchange of information regarding the applicable legislation and possible future legislative reforms in the telecommunications sector in order to allow a better understanding of each other's regulatory framework on telecommunications;

(b) to exchange information on developments in information and communications technology and standards.

Article 95. Science and Technology

1. The Parties shall promote cooperation in civil scientific research and technological development (RTD) on the basis of mutual benefit and, taking into account the availability of resources, adequate access to their respective research programmes and subject to appropriate levels of effective protection of intellectual, industrial and commercial property rights.

2. Science and technology cooperation shall cover:

(a) the exchange of scientific and technical cooperation programmes;

(b) the organisation of joint scientific meetings;

(c) Joint RTD activities;

(d) training activities and mobility programmes for scientists, researchers and technicians engaged in RTD on both sides.

3. Such cooperation shall be implemented according to specific arrangements to be negotiated and concluded in accordance with the procedures by each Party, and which shall set out, inter alia, appropriate intellectual property rights provisions.

Article 96. Customs and Tax Cooperation

1. The Parties will establish cooperation in the customs field in particular in the areas of training, simplification of customs formalities, documentation and procedures, prevention, investigation and repression of infringements of the rules on customs matters with the aim of guaranteeing compliance with all the provisions scheduled for adoption in connection with trade and to achieve the approximation of Iraq's customs system to that of the Union.

2. Without prejudice to their respective competences, and with a view to strengthening and developing economic activities while taking into account the need to develop an appropriate regulatory framework, the Parties recognise and commit themselves to implement the principles of good governance in the tax area, namely the principles of transparency, exchange of information and fair tax competition. To that effect, in accordance with their respective competences, the Parties will improve international cooperation in the tax area and develop measures for the effective implementation of the above-mentioned principles.

Article 97. Statistical Cooperation

The Parties agree to promote cooperation activities in the field of statistics. These will be oriented towards institution and capacity building and strengthening of the national statistical system, including the development of statistical methods and the production and dissemination of statistics on trade in goods and services and, more generally, on any other area in support of the national social and economic development priorities covered by this Agreement and lending themselves to statistical processing.

Article 98. Macro-economic Stability and Public Finances

1. The Parties agree on the importance to achieve macro-economic stability in Iraq through a sound monetary policy aimed at achieving and maintaining price stability, as well as through fiscal policy aimed at achieving debt sustainability. 

2. The Parties agree on the importance to achieve public expenditure effectiveness, transparency and accountability at the national and the local level in Iraq.

3. The Parties agree to cooperate inter alia to improve the Iraqi public finance management system that aims, among others, at the comprehensiveness of the budget planning and a single treasury account.

Article 99. Development of the Private Sector

The Parties agree to cooperate in order to develop a market economy in Iraq, by enhancing the investment climate, diversifying the economic activity, booking progress with the privatisation program and by improving other conditions for accelerating private sector job creation.

Article 100. Tourism

1. The Parties call for efforts to improve their cooperation to ensure a balanced and sustainable development of tourism and related issues.

2. Therefore the Parties agree on developing cooperation in the field of tourism and especially to exchange information, experience and best practices regarding the organisation of the institutional framework in the tourism sector and regarding the general environment in which tourism enterprises operate.

Article 101. Financial Services

The Parties shall cooperate with the view to the approximation of their standards and rules, in particular:

(a) to strengthen the financial sector in Iraq;

(b) to improve accounting and supervisory and regulatory systems of banking, insurance and other financial sectors in Iraq;

(c) exchange of information on the respective laws in force or under preparation;

(d) developing compatible auditing systems.

Title IV. Justice, Freedom and Security

2. The Parties agree to facilitate and encourage alternative means of dispute resolution for civil and commercial disputes whenever possible according to the applicable international instruments.

3. As regards criminal matters, the Parties will seek to enhance judicial cooperation on mutual legal assistance and extradition. This would include, where appropriate, accession to, and implementation of, the relevant international instruments of the United Nations including the Rome Statute of the International Criminal Court as referred to in Article 7 of this Agreement.

Article 104. Personal Data Protection

1. The Parties agree to cooperate in order to improve the level of protection of personal data to the highest international standards, such as, inter alia, the United Nations Guidelines for the Regulation of Computerised Personal Data Files (UN General Assembly Resolution 45/95 of 14 December 1990).

  • Article   1 Establishment of Partnership 1
  • Article   2 Basis 1
  • Title   I Political Dialogue and Cooperation In the Field of Foreign and Security Policy 1
  • Article   3 Political Dialogue 1
  • Article   4 Combating Terrorism 1
  • Article   5 Countering Proliferation of Weapons of Mass Destruction 1
  • Article   6 Small Arms and Light Weapons 1
  • Article   7 International Criminal Court 1
  • Title   II Trade and Investments 1
  • Section   I Trade In Goods 1
  • Chapter   I General Provisions 1
  • Article   8 Scope and Coverage 1
  • Article   9 Customs Duties 1
  • Article   10 MFN Treatment 1
  • Article   11 National Treatment 1
  • Article   12 Tariff Policy 1
  • Article   13 Application of Relevant Provisions of the GATT 1994 1
  • Article   14 Harmonised Commodity Description 1
  • Article   15 Temporary Admission of Goods 1
  • Article   16 Prohibition of Quantitative Restrictions 1
  • Article   17 Export Duties 1
  • Chapter   II Trade Remedies Instruments 1
  • Article   18 Anti-dumping 1
  • Article   19 Safeguard Measures 1
  • Chapter   III Exceptions 1
  • Article   20 General Exceptions 1
  • Chapter   IV Non-tariff Issues 1
  • Article   21 Industrial Standards and Conformity Assessment, Technical Regulations 1
  • Chapter   V Sanitary and Phytosanitary Measures 2
  • Article   22 Sanitary and Phytosanitary Measures 2
  • Section   II Trade In Services and Establishment 2
  • Article   23 Coverage 2
  • Article   24 Definitions 2
  • Article   25 2
  • Article   26 2
  • Article   27 Other Agreements 2
  • Article   28 Transparency 2
  • Article   29 Exceptions 2
  • Article   30 Security Exceptions 2
  • Article   31 Progressive Liberalisation of Trade In Services and Establishment 2
  • Section   III Provisions Affecting Business and Investment 2
  • Article   32 Encouragement of Investment 2
  • Article   33 Contact Points and Exchange of Information 2
  • Section   IV Current Payments and Capital 2
  • Article   34 Objective and Scope 2
  • Article   35 Current Account 2
  • Article   36 Capital Account 2
  • Article   37 Standstill 2
  • Article   38 Safeguard Measures 2
  • Article   39 Final Provisions 2
  • Section   V Trade-related Issues 2
  • Chapter   I State Trading Enterprises 2
  • Article   40 2
  • Section   II Public Procurement 2
  • Article   41 Introduction 2
  • Article   42 Scope and Coverage 3
  • Article   43 General Principles 3
  • Article   44 Publication of Procurement Information 3
  • Article   45 Publication of Notices 3
  • Article   46 Conditions for Participation 3
  • Article   47 Qualification of Suppliers 3
  • Article   48 Technical Specifications 3
  • Article   49 Tender Documentation 3
  • Article   50 Time Periods 3
  • Article   51 Negotiations 3
  • Article   52 Limited Tendering 3
  • Article   53 Electronic Auctions 3
  • Article   54 Treatment of Tenders and Award of Contracts 3
  • Article   55 Transparency of Procurement Information 4
  • Article   56 Disclosure of Information 4
  • Article   57 Domestic Review Procedures 4
  • Article   58 Further Negotiations 4
  • Article   59 Asymmetrical Regime and Transitional Measures 4
  • Chapter   III Intellectual Property Protection 4
  • Article   60 Nature and Scope of Obligations 4
  • Section   VI Dispute Settlement 4
  • Chapter   1 Objective and Scope 4
  • Article   61 Objective 4
  • Article   62 Scope 4
  • Chapter   2 Consultations 4
  • Article   63 Consultations 4
  • Chapter   III Dispute Settlement Procedures 4
  • Article   64 Initiation of the Arbitration Procedure 4
  • Article   65 Establishment of the Arbitration Panel 4
  • Article   66 Interim Panel Report 4
  • Article   67 Arbitration Panel Ruling 4
  • Article   68 Compliance with the Arbitration Panel Ruling 4
  • Article   69 The Reasonable Period of Time for Compliance 4
  • Article   70 Review of Any Measure Taken to Comply with the Arbitration Panel Ruling 4
  • Article   71 Temporary Remedies In Case of Non-compliance 4
  • Article   72 Review of Any Measure Taken to Comply after the Suspension of Obligations 4
  • Article   73 Mutually Agreed Solution 4
  • Article   74 Rules of Procedure 4
  • Article   75 Information and Technical Advice 4
  • Article   76 Rules of Interpretation 4
  • Article   77 Arbitration Panel Decisions and Rulings 4
  • Chapter   IV General Provisions 4
  • Article   78 List of Arbitrators 4
  • Article   79 Relation with Wto Obligations 4
  • Article   80 Time Limits 4
  • Title   III Areas of Cooperation 4
  • Article   81 Financial and Technical Assistance 4
  • Article   82 Social and Human Development Cooperation 4
  • Article   83 Education, Training and Youth 4
  • Article   84 Employment and Social Development 4
  • Article   85 Civil Society 4
  • Article   86 Human Rights 4
  • Article   87 Industrial and Small and Medium-sized Enterprises Policies Cooperation 5
  • Article   87 Industrial and Small and Medium-sized Enterprises Policies Cooperation 5
  • Article   85 Civil Society 5
  • Article   86 Human Rights 5
  • Article   87 Industrial and Small and Medium-sized Enterprises Policies Cooperation 5
  • Article   88 Cooperation In the Field of Investment 5
  • Article   89 Industrial Standards and Conformity Assessment 5
  • Article   90 Cooperation on Agriculture, Forestry and Rural Development 5
  • Article   91 Energy 5
  • Article   92 Transport 5
  • Article   93 Environment 5
  • Article   94 Telecommunications 5
  • Article   95 Science and Technology 5
  • Article   96 Customs and Tax Cooperation 5
  • Article   97 Statistical Cooperation 5
  • Article   98 Macro-economic Stability and Public Finances 5
  • Article   99 Development of the Private Sector 5
  • Article   100 Tourism 5
  • Article   101 Financial Services 5
  • Title   IV Justice, Freedom and Security 5
  • Article   104 Personal Data Protection 5
  • Article   105 Cooperation on Migration and Asylum 6
  • Article   108 Combating Illicit Drugs 6
  • Article   109 Cultural Cooperation 6
  • Article   110 Regional Cooperation 6
  • Title   V Institutional, General and Final Provisions 6
  • Article   111 Cooperation Council 6
  • Article   112 Cooperation Committee and Specialised Sub-committees 6
  • Article   113 Parliamentary Cooperation Committee 6
  • Article   114 Facilities 6
  • Article   115 Territorial Application 6
  • Article   116 Entry Into Force and Renewal 6
  • Article   117 Provisional Application 6
  • Article   118 Non-discrimination 6
  • Article   119 Evolutive Clause 6
  • Article   120 Other Agreements 6
  • Article   121 Non-execution of Agreement 6
  • Article   122 Definition of the Parties 6
  • Article   123 Authentic Texts 6