Article 8.2. Principles In Competition Law Enforcement
1. The competition law enforcement activities of each Party shall not discriminate on the basis of nationality.
2. Each Party shall ensure that a person subject to competition law enforcement activities is provided with the opportunity to present opinion or evidence in its defense.
3. Each Party shall ensure that a person subject to the imposition of a decision for violation of the competition laws and regulations of that Party is provided with the opportunity to seek review of such decision through appropriate procedures in accordance with laws and regulations of that Party.
Article 8.3. Transparency
1. Each Party shall make public, including on the official websites of relevant competent authorities, its competition laws and regulations, including procedural rules for competition law enforcement activities and information on final decisions of relevant competent authorities.
2. Each Party shall ensure that all final decisions finding violations of its competition laws and regulations are in writing, containing relevant findings of fact and legal basis on which the decisions are based.
Article 8.4. Anticompetitive Practices
1. The Parties agree that the following anticompetitive practices are incompatible with the proper operation of this Agreement:
(a) anticompetitive agreements and concerted practices between enterprises which have as their object or effect the prevention, restriction and/or elimination of competition;
(b) abuse of a dominant position; or
(c) unfair competition.
2. Each Party, in accordance with its respective laws and regulations shall ensure that it carries out the efficient control over concentration of enterprises to the extent necessary for the protection and development of competition in the territory of that Party.
Article 8.5. Cooperation
1. The Parties recognize the importance of cooperation in the field of competition including through promotion of effective competition law enforcement. The Parties agree to cooperate in a manner compatible with their respective laws, regulations and important interests, and within their reasonably available resource.
2. Cooperation shall include exchange of information, consultations, cooperation in competition law enforcement activities, as provided for in paragraph 3 of this Article, and technical cooperation activities including training programs, workshops and research collaborations and other activities for the purpose of enhancing each Partyâs capacity on competition policy and competition law enforcement.
3. If a Party considers that its interests are affected by anticompetitive practices in the territory of the other Party it may request the other Party for relevant cooperation in competition law enforcement. The requested Party shall carefully consider the request and decide whether to initiate, in accordance with its laws and regulations, competition law enforcement activities and inform the requesting Party of such consideration and the results of competition law enforcement activities, if they have been initiated.
4. Where a Party provides information to the other Party for the purposes of this Chapter, such information shall be used by the latter Party only for such purposes and shall not be disclosed or transferred to any other persons and/or non-Parties without the consent of the Party having provided the information. Notwithstanding any other provision of this Chapter, neither Party is required to provide information to the other Party if this is prohibited by its respective laws and regulations.
Article 8.6. Consultations
1. In order to foster understanding between the Parties, and/or to address specific matters arising from this Chapter a Party may request consultations. A request for consultations shall be submitted to the other Party's contact point established in accordance with Article 12.2 of this Agreement. Such consultations shall be without prejudice to the rights of each Party to enforce its respective laws and regulations.
2. During the consultations in accordance with this Article, the requested Party shall provide for full and comprehensive consideration of the matter that is the subject of consultations in a reasonable period of time. The Parties shall aspire to hold consultations in a constructive manner.
Article 8.7. Independence of Competition Law Enforcement
This Chapter should not intervene with the independence of each Party in enforcing its respective competition laws and regulations.
Chapter 9. GOVERNMENT PROCUREMENT
Article 9.1. Objectives
The Parties recognize the importance of government procurement in their respective economies and for the purposes of greater transparency agree to strengthen cooperation in the fields of exchange of information on their respective laws and regulations, on e-procurement and experience sharing on e-procurement.
Article 9.2. Transparency
The Parties shall publish on the Internet (5) their respective laws and regulations, administrative rulings of general application and information on government procurement tenders in accordance with their respective government procurement laws and regulations, such as notices on procurement bid, procurement documentations and results of tenders except for confidential information as set out in Article 1.11 of this Agreement. The Parties shall to the extent practicable ensure public availability for these sources of information. The Parties shall to the extent practicable publish their respective laws and regulations, and administrative rulings of general application on the Internet (6) before or on the day of their entry into force.
Article 9.3. Contact Points
Each Party shall designate a contact point for the purposes of this Chapter. The contact points shall work collaboratively to facilitate the operation of this Chapter.
Chapter 10. SECTORAL COOPERATION
Article 10.1. Objectives and Principles
1. The objectives of this Chapter are to:
(a) develop sectoral cooperation and interaction between the Parties in a mutually beneficial manner;
(b) facilitate innovation;
(c) raise investment attractiveness and competitiveness of the Parties' economies; and
(d) promote sustainable development and cooperation in trade and investment.
2. The cooperation shall build upon the following principles: equality and accountability of national interests of the Parties, mutual benefit, fair competition, non-discrimination and transparency.
3. The Parties shall develop sectoral cooperation taking into account their strategies and development programs related to various sectors of economy without prejudice to existing or planned bilateral cooperation initiatives of the EAEU Member States and China in this sphere.
Article 10.2. Spheres and Areas of Sectoral Cooperation
1. The Parties agree to develop cooperation in agriculture, energy, transport, industrial cooperation, information and communication infrastructure, technology and innovation, finance and environment.
2. Relevant areas of cooperation of the Parties include:
(a) attraction of investments to the development and modernization of industrial, transport and logistical, agricultural and other facilities of the Parties in order to develop joint production of high-tech, innovative and export-oriented products;
(b) promotion of development and creation of efficient mechanisms for interaction between the Parties in the sphere of research and development and in the sphere of innovation related to industrial and innovative infrastructure of the Parties;
(c) transfer of advanced technologies and innovations;
(d) development and usage of information and communication infrastructure;
(e) development of transport corridors, including creation and modernization of transport infrastructure and improvement of transport links;
(f) promotion of cooperation in the field of environmental protection and green growth; and
(g) support of cooperation between financial regulators of the EAEU Member States and China.
Article 10.3. Forms of Cooperation
The Parties agree to strengthen cooperation by means of:
(a) information exchange and consultations, as well as information support for businesses of the Parties;
(b) joint fora for the discussion of issues related to sectoral cooperation, joint exhibitions, trade fairs, international seminars and scientific conferences;
(c) exchange of experience on issues related to the implementation of reforms and structural adjustments of the economy, incentives for innovation and development of industry of the Parties;
(d) development of joint proposals to counteract the consequences of the global economic crisis;
(e) interaction related to the attraction of resources of international and national financial institutions for issues of mutual interest, including projects of common interest in sectoral cooperation;
(f) promotion of dialogue and communication between businesses of the Parties; and
(g) exchange of experience in training of experts on matters covered by this Chapter.
Article 10.4. Sub-Committees and Ad Hoc Working Groups
1. The Parties may consider establishing sub-committees or ad hoc working groups under the Joint Commission to promote cooperation of the Parties under this Chapter.
2. The establishment and level of such sub-committees or ad hoc working groups shall be agreed upon by the relevant authorities of the Parties on their own.
3. The sub-committees and ad hoc working groups may elaborate and adopt cooperation plans and initiatives in relevant sectors or propose those for the consideration of the Joint Commission.
Chapter 11. ELECTRONIC COMMERCE
Article 11.1. Scope and General Provisions
1. The Parties recognize dynamic and innovative character of electronic commerce (hereinafter referred to as “e-commerce”), which has a positive effect on the growth of mutual trade between the Parties and provides benefits to all participants of trade.
2. The objective of this Chapter is to promote the development of e-commerce taking into account the importance of cooperation and avoiding unnecessary barriers in e-commerce.
Article 11.2. Definitions
For the purposes of this Chapter:
(a) "personal information" means information that refers to an identified or identifiable (either directly or indirectly) natural person;
(b) "electronic document" means a document where information is presented in an electronic form and could be signed by an electronic signature.
Article 11.3. Electronic Authentication
The Parties shall work towards mutual recognition of electronic authentication methods. To accelerate the process of mutual recognition of electronic authentication methods the Parties shall collaborate and share the best practices that grant the full protection and veracity of data.
Article 11.4. Use of Electronic Documents
1. The Parties shall endeavor to ensure that the documents related to external trade transactions can be presented to the competent authorities of the Parties in the form of an electronic document that is electronically signed.
2. Neither Party may adopt or maintain measures containing the requirements to confirm the authenticity of the documents related to external trade transactions in the form of an electronic document that is electronically signed by presenting documents in paper form.
Article 11.5. E-commerce Consumer Protection
1. The Parties shall endeavor to provide protection for rights of e-commerce consumers on the level no less than is provided in other forms of commerce.
2. The Parties shall adopt or maintain measures, under their respective policies, laws and regulations to prevent fraudulent commercial activities that cause harm or create a threat of harm to consumers.
3. The Parties recognize the importance of consumer rights within the framework of e-commerce to safety, fair business practices, and reliable information about products.
4. The Parties may create and allocate on the official public information resources the materials on important aspects and risks of e-commerce, and other information aimed at promoting safe and sustainable consumption patterns. The Parties shall not create any national or cross-border information systems that contain lists of recalled goods, unsafe goods and services, unfair manufacturers, sellers, intermediaries and providers of poor-quality and unsafe goods or services, based on unconfirmed data.
5. With a view to developing and monitoring the operation of measures covered by this Article, and exchange of information on issues of e-commerce consumer protection, the Parties shall establish a contact group consisting of the representatives of the competent authorities in the field of consumer protection.
Article 11.6. Personal Information Protection
1. Recognizing the importance of protecting personal information in e-commerce, the Parties shall take measures to grant the full-fledged personal information protection in accordance with their laws and regulations.
2. The Parties shall endeavor to ensure obtaining the directly expressed individual's consent for cross-border transfer of his personal information.
3. The Party that does not provide the protection of certain categories of personal information may not claim from the other Party the provision of protection to such categories of personal information, as well as the application to them of measures of protection.
Article 11.7. Cooperation
1. Recognizing the global nature of e-commerce, the Parties shall endeavor to:
(a) exchange information and experience on laws and regulations, enforcement, and also array cooperation between competent authorities of the Parties, including on:
(i) personal information protection;
(ii) consumer protection;
(iii) unsolicited commercial electronic messages; and
(iv) electronic authentication.
(b) encourage the development and use of technologies that facilitate e-commerce;
(c) encourage the private sector to adopt self-regulation in e-commerce;
(d) interact to develop approaches on collection of statistical information on e-commerce and its use in scientific research; and
(e) organize seminars and expert dialogue between public authorities and private sector representatives of the Parties.
2. The Parties shall consider the possibility to establish the Sub-Committee on E-commerce and inform each other through the contact points, established under Article 12.2 of this Agreement.
Article 11.8. Transparency
Each Party shall publish on its official web-sites all relevant policies, laws and regulations which pertain to or affect the operation of this Chapter before their entry into force.
Chapter 12. INSTITUTIONAL PROVISIONS
Article 12.1. The Joint Commission
1. The Parties shall hereby establish the Joint Commission, which shall be cochaired by two representatives – one from the EAEU and the EAEU Member States, represented by a Member of the Board of the Eurasian Economic Commission, the other – from the Government of China at the Ministerial Level or its designated representatives. The Parties shall be represented by senior officials officially nominated for this purpose.
2. The Joint Commission shall exercise the following functions:
(a) consideration of any matter covered by this Agreement;
(b) consideration of any other matter related to this Agreement as the Parties may mutually agree;
(c) supervision of sub-committees in cases envisaged by this Agreement should the Parties agree to establish such sub-committees by their mutual consent;
(d) consideration of any proposal made by sub-committees to amend this Agreement with a view to making recommendations to the Parties;
(e) in accordance with the objectives of this Agreement, explore possibilities for the further development and expansion of trade between the Parties; and
(f) establishment of a procedure allowing for consultations and amicable solutions in respect of issues referred for its consideration by the Parties.
3. The Joint Commission may:
(a) establish sub-committees or ad hoc working groups as necessary and refer matters to any sub-committee or ad hoc working group for advice;
(b) seek advice of any experts where this would assist the Joint Commission in discharging its responsibilities;
(c) seek to resolve any issues in connection with the operation of this Agreement referred for its consideration by the Parties; and
(d) take such other action in the exercise of its functions as the Parties may agree.
4. The Rules of Procedure of the Joint Commission are set in Annex 1 to this Agreement.
5. The Joint Commission shall adopt recommendations on any matter within its functions. It may also take decisions with respect to matters covered by the Rules of Procedure of the Joint Commission referred to in paragraph 4 of this Article. Decisions, recommendations and any other actions of the Joint Commission shall be adopted by consensus. The Parties shall endeavor to take all necessary actions to carry out the recommendations made by the Joint Commission in due course.
Article 12.2. Contact Points
Each Party shall designate contact points pursuant to this Article as well as other relevant Articles of this Agreement, which shall be responsible for communication with the other Party and the Joint Commission on any matters covered by this Agreement. Each Party shall designate its contact points in accordance with internal procedures and notify the other Party on such designation within 90 days after the date of entry into force of this Agreement.
Chapter 13. FINAL PROVISIONS
Article 13.1. Annexes
The annexes to this Agreement shall constitute an integral part of this Agreement.
Article 13.2. Accession
1. A new EAEU Member State shall accede to this Agreement as mutually agreed by the Parties through negotiations between the Parties to this Agreement and that new EAEU Member State on its accession to this Agreement. Such accession shall be done through an additional protocol to this Agreement.
2. The Eurasian Economic Commission shall promptly notify China in writing via contact points, in accordance with Article 12.2 of this Agreement, of any information concerning any country that has obtained a candidate status for the accession to the EAEU, or the completion of any accession to the EAEU.
Article 13.3. Entry Into Force
This Agreement shall enter into force on the 60th day following the date of receipt of the last written notification certifying that the EAEU, the EAEU Member States and China have completed their respective internal legal procedures necessary for entry into force of this Agreement. Such notifications shall be made between the Eurasian Economic Commission and China.
Article 13.4. Amendments
1. This Agreement may be amended by mutual written consent of the Parties by concluding an additional protocol. All amendments shall constitute an integral part of this Agreement. Any amendment shall enter into force in accordance with the procedure required for the entry into force of this Agreement.
2. If any amendment is made to a provision of the WTO Agreement that has been incorporated into this Agreement, the Parties shall consult on whether to amend this Agreement accordingly.
Article 13.5. Withdrawal and Termination
1. The EAEU may terminate this Agreement by means of a written notification to China, or China may terminate this Agreement by means of a written notification to the EAEU. The termination of this Agreement shall take effect on the 180th day following the date of such notification.
2. Any EAEU Member State, which withdraws from the EAEU, shall ipso facto cease to be a party to this Agreement on the same date that the withdrawal from the EAEU takes effect.
3. The EAEU and the EAEU Member State referred to in paragraph 2 of this Article shall immediately send notifications to China through diplomatic channels stipulating the exact date of withdrawal from the EAEU set in accordance with the 12 months period for withdrawal from the EAEU in the Treaty on the EAEU. Upon receipt of the notifications from the EAEU and that EAEU Member State, China shall confirm through diplomatic channels the receipt of the above-mentioned notifications stipulating the date of withdrawal from the EAEU and from this Agreement.
4. If any amendment is made to the Treaty on the EAEU concerning the withdrawal from the EAEU, the Parties shall consult on whether to amend this Agreement accordingly.
5. If a EAEU Member State withdraws from this Agreement in accordance with paragraph 2 and paragraph 3 of this Article, this Agreement shall remain in force for the EAEU and the remaining EAEU Member States.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement.
DONE at Astana on this 17" day of May 2018, in duplicate in the Armenian, Belarusian, Kazakh, Kyrgyz, Russian, Chinese and English languages, all texts being equally authentic. In case of any divergence, the English text shall prevail.
For the Republic of Armenia
For the People's Republic of China
For the Republic of Belarus
For the Republic of Kazakhstan
For the Kyrgyz Republic
For the Russian Federation
For the Eurasian Economic Union
Attachments
ANNEX I. RULES OF PROCEDURE OF THE JOINT COMMISSION AND OF DESIGNATION OF CONTACT POINTS
Notifications of Representatives