This Agreement shall not affect the application or implementation of commitments undertaken by the respective Parties in relations with third parties.
Article 19. Non-execution of the Agreement
1. If either Party considers that the other Party has failed to fulfil any of its obligations under this Agreement, it may take appropriate measures.
2. Before doing so, except in cases of special urgency, it shall supply the other Party with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties.
3. In the selection of measures, priority shall be given to those which least disturb the functioning of this Agreement. These measures shall be notified immediately to the other Party and shall be the subject of consultations if the other Party so requests.
Article 20. Facilities
To facilitate cooperation in the framework of this Agreement, the Pakistani authorities will grant to EC officials and experts involved in implementing cooperation the guarantees and facilities necessary for the performance of their functions. The detailed provisions will be set out by way of a separate Exchange of Letters.
Article 21. Territorial Application
This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other, to the territory of Pakistan.
Article 22. Annexes
Annexes I and II to this Agreement shall form an integral part thereof.
Article 23. Entry Into Force and Renewal
1. This Agreement shall enter into force on the first day of the month following the date on which the Parties notify each other of the completion of the procedures necessary for this purpose.
2. This Agreement is concluded for a period of five years. It shall be automatically renewed on a yearly basis unless one of the Parties renounces it at least six months before its expiry date.
Article 24. Authentic Texts
This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Urdu languages, each text being equally authentic.
Attachments
(a) For the purposes of the interpretation and practical application of the Agreement, the Parties agree that the cases of special urgency referred to in Article 19 of the Agreement mean cases of material breach of the Agreement by one of the two parties. A material breach of the Agreement consists in:
- Repudiation of the Agreement not sanctioned by the general rules of international law,
- Violation of the essential elements of the Agreement set out in Article 1.
(b) The Parties agree that the "appropriate measures" referred to in Article 19 are measures taken in accordance with international law. If a Party takes a measure in case of special urgency pursuant to Article 19, the other Party may avail itself of the dispute settlement procedure.
PROPERTY
The Parties agree for the purpose of this Agreement, that "intellectual, industrial and commercial property" includes in particular protection of copyright and related rights, patents, industrial designs, trademarks and service marks, software, topographies of integrated circuits, geographical indications, as well as protection against unfair competition and protection of undisclosed information on know-how.
FINAL ACT
The Plenipotentiaries of:
THE EUROPEAN COMMUNITY,
Of the one part, and
THE GOVERNMENT OF PAKISTAN,
Of the other part,
Meeting at Islamabad on 24.11.2001 for the signature of the Cooperation Agreement between the European Community and the Islamic Republic of Pakistan on partnership and development,
Have at the time of signature of this Cooperation Agreement
- Adopted the following texts:
Cooperation Agreement between the European Community and the Islamic Republic of Pakistan on partnership and development,
"Interpretative Declarations on Article 19: non-execution of the Agreement,
"Joint Declaration on intellectual, industrial and commercial property,
- Adopted the text of the following declaration annexed to this Final Act:
Declaration by the European Community and the Islamic Republic of Pakistan,
The Plenipotentiaries of the European Community and the Islamic Republic of Pakistan have taken note of the following statements:
Statement by the Islamic Republic of Pakistan on the Declaration on readmission agreements.
Unilateral statement by the Community on the occasion of the signing of the Cooperation Agreement between the European Community and the Islamic Republic of Pakistan.
In witness whereof, the undersigned Plenipotentiaries have hereunto set their hands.
DECLARATION BY THE EUROPEAN COMMUNITY AND THE ISLAMIC REPUBLIC OF PAKISTAN
The European Community recalls the importance attached by its Member States to effective cooperation with third countries to facilitate the readmission of nationals of the latter who are present illegally in the territory of a Member State.
The Islamic Republic of Pakistan undertakes to conclude readmission agreements with the Member States of the European Union which so request.
STATEMENT BY THE ISLAMIC REPUBLIC OF PAKISTAN ON THE DECLARATION ON READMISSION AGREEMENTS
In agreeing to the undertaking "to conclude readmission agreements with the Member States of the European Union which so request", the Islamic Republic of Pakistan desires to make it clear that the undertaking exclusively represents Pakistans readiness to enter into negotiations with the objective of concluding mutually acceptable readmission agreements with the Member States of the European Union which so request. At present Pakistan does not have such readmission agreements with any Member State of the European Union. However, on the request of EU Member States, Pakistan is willing to start negotiations or intensify where such negotiations are already underway. Pakistan considers these negotiations as independent of any other bilateral or multi-lateral agreements that it has concluded or is in the process of negotiating with EU Member States or the European Commission. Also, Pakistan does not accept any non-negotiable text for such bilateral readmission agreements.
UNILATERAL STATEMENT BY THE COMMUNITY ON THE OCCASION OF THE SIGNING OF THE COOPERATION AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND PAKISTAN
"The joint declaration by the parties to the Agreement on the conclusion of readmission agreements in no way prejudices the division of competence between the Community and its Member States under the provisions of Title IV (Article 63) of Part Three of the Treaty establishing the European Community."