Article 196. Lists of Arbitrators
1. The Cooperation Committee, on the basis of proposals made by the Parties, shall, no later than six months after the entry into force of this Agreement, establish a list of at least 15 individuals who are willing and able to serve as arbitrators. The list shall be composed of three sub-lists: one sub-list for each Party and one sub-list of individuals who are not nationals of either Party and who may serve as chairperson of the arbitration panel. Each sub-list shall include at least five individuals. The Cooperation Committee will ensure that the list is always maintained at that level.
2. Arbitrators shall have specialised knowledge and experience of law and international trade. They shall be independent, serve in their individual capacities and not take instructions from any organisation or government, or be affiliated with the government of any of the Parties, and shall comply with the Code of Conduct set out in Annex VI.
3. The Cooperation Committee may establish additional lists of 15 individuals with knowledge and experience in specific sectors covered by this Agreement. Subject to the agreement of the Parties, such additional lists shall be used to compose the arbitration panel in accordance with the procedure set out in Article 177.
Article 197. Relation with Wto Obligations
1. Recourse to the dispute settlement provisions of this Title shall be without prejudice to any action in the WTO framework, including dispute settlement action. 2
2. However, a Party shall not, for a particular measure, seek redress for the breach of a substantially equivalent obligation under both this Agreement and the WTO Agreement in both fora. In such a case, once a dispute settlement proceeding has been initiated, the Party shall not bring a claim seeking redress for the breach of the substantially equivalent obligation under the other agreement to the other forum, unless the forum first selected fails for procedural or jurisdictional reasons to make findings on the claim seeking redress of that obligation.
3. For the purposes of this Article:
(a) dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a Party's request for the establishment of a panel under Article 6 of the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes;
(b) dispute settlement proceedings under this Chapter are deemed to be initiated by a Party's request for the establishment of an arbitration panel under Article 176(1).
4. Nothing in this Agreement shall preclude a Party from implementing the suspension of obligations authorised by the DSB. The WTO Agreement shall not be invoked to preclude a Party from applying temporary remedies for noncompliance under this Chapter.
Article 198. Time Limits
1. All time limits laid down in this Chapter, including the limits for the arbitration panels to deliver their reports, shall be counted in calendar days, the first day being the day following the act or the fact to which they refer, unless otherwise specified.
2. Any time limit referred to in this Chapter may be modified by mutual agreement of the Parties to the dispute. The arbitration panel may at any time propose to the Parties to modify any time limit referred to in this Chapter, stating the reasons for that proposal.
Title IV. Cooperation In the Area of Economic and Sustainable Development
Chapter 1. Economic Dialogue
Article 199.
The Parties adhere to the principles of the free market economy ensuring sound macroeconomic policies and shall develop and strengthen regular economic dialogue aimed at further expanding and deepening mutually beneficial economic ties, as well as sustainable development and economic growth.
Article 200.
The Parties shall regularly review the status of bilateral cooperation and conduct regular exchange of information, expertise and best practices in the field of economic policies, economic and financial development and statistics.
Chapter 2. Cooperation In Public Finance Management, Including Public Audit and Internal Control
Article 201.
The Parties shall cooperate in the area of public finance management, including public audit and internal control, with the aim of further development of a sound public finance management system, compatible with the principles of economy, efficiency and effectiveness as well as transparency and accountability.
Cooperation shall include:
(a) promoting the implementation of acceptable and generally recognised international standards as well as convergence with good practices of the European Union in this area;
(b) exchange of information and experiences in this area.
Chapter 3. Cooperation In the Area of Taxation
Article 202.
The Parties shall strive to improve international cooperation in the area of taxation, notably in the area of facilitating the collection of legitimate tax revenues, and to develop measures in line with international standards for the effective implementation of the principles of good governance in the area of taxation, including transparency and exchange of information. The Parties shall strengthen dialogue and exchange experience with a view to avoiding harmful tax practices.
Chapter 4. Cooperation In the Area of Statistics
Article 203.
The Parties shall promote the harmonisation of statistical methods and practice, including the gathering and dissemination of statistics. The statistical cooperation shall focus on exchange of knowledge, fostering good practices and respect for the UN Fundamental Principles of Official Statistics and the European Statistics Code of Practice.
The European Union shall contribute to this end by rendering technical assistance to the Republic of Kazakhstan.
Chapter 5. Cooperation In the Area of Energy
Article 204.
The Parties shall continue and intensify their current cooperation on energy matters with the objective to enhance energy security, efficiency, sustainability, and competitiveness. The cooperation shall be based on a comprehensive partnership and shall be guided by the principles of mutual interest, reciprocity, transparency and predictability according to the principles of market economy and existing related multilateral and bilateral agreements.
Article 205.
Cooperation shall include, inter alia, the following areas:
(a) implementation of energy strategies and policies, elaboration of forecasts and scenarios, including global market conditions for energy products, as well as improvement of the statistical system in the energy sector;
(b) creation of an attractive and stable investment climate and the encouragement of mutual investments in the energy field on a non-discriminatory and transparent basis;
(c) effective cooperation with the European Investment Bank, the European Bank for Reconstruction and Development and other international financial institutions and instruments to support the energy cooperation between the Parties;
(d) enhancement of scientific and technical cooperation and exchange of information for the development of energy technologies with particular attention to energy efficient and environmentally friendly technologies, in accordance with Chapter 3 (Cooperation in Research and Innovation) of Title VI;
(e) management and technical training in the energy sector through, inter alia, facilitating exchange of trainees of specialised courses in higher education institutes in the European Union and the Republic of Kazakhstan as well as development of joint training programmes in accordance with good practices;
(f) extension of cooperation in multilateral energy fora, initiatives and institutions;
(g) cooperation in exchange of knowledge and experience as well as technology transfer in innovation, including in the areas of management and energy technologies.
Article 206. Hydrocarbon Energy
Cooperation in the field of hydrocarbon energy shall cover the following areas:
(a) modernisation and enhancement of existing, and development of future, energy infrastructures of common interest according to market principles, including those aimed at diversification of energy sources, suppliers and transportation routes and transport methods, as well the establishment of new generation capacity and the integrity, efficiency, safety and security of energy infrastructures, including electric power infrastructures;
(b) development of competitive, transparent and non-discriminatory energy markets in line with best practices through regulatory reforms;
(c) enhancement and strengthening of long-term stability and security of energy trade, including ensuring the predictability and stability of energy demand, on a non-discriminatory basis, while minimising environmental impacts and risks;
(d) promotion of a high level of environmental protection and sustainable development in the energy sector, including extraction, production, distribution and consumption;
(e) strengthening the safety of offshore hydrocarbon exploration and production activities, by means of exchange of experience in accident prevention, post-accident analysis, response and remediation policies, as well as best practices on liability and legal practice in case of a disaster.
Article 207. Renewable Energy Sources
Cooperation shall be pursued in the fields of:
(a) the development of renewable energy sources in an economic and environmentally sound manner, including cooperation on regulatory issues, certification and standardisation as well as on technological development;
(b) facilitating exchanges between the Republic of Kazakhstan and European institutions, laboratories and private sector entities, including through joint programmes, with the aim of implementing best practices towards creating the energy of the future and green economy;
(c) conducting joint seminars, conferences and training programmes, and exchanging information and open statistical data on a regular basis, as well as information on the development of renewable energy sources.
Article 208. Energy Efficiency and Energy Savings
Cooperation in the promotion of energy efficiency and energy savings, including in the coal sector, gas flaring (and the use of associated gas), buildings, appliances and transport, shall be pursued, inter alia, through:
(a) exchanging information about energy efficiency policies and legal and regulatory frameworks and action plans;
(b) facilitating the exchange of experiences and know-how in the field of energy efficiency and energy savings;
(c) initiating and implementing projects, including demonstration projects, for the introduction of innovative technologies and solutions in the field of energy efficiency and energy savings;
(d) training programmes and training courses in the field of energy efficiency in order to achieve the objectives of this Article.
Chapter 6. Cooperation In the Area of Transport
Article 209.
The Parties shall cooperate on:
(a) expanding and strengthening their transport cooperation in order to contribute to the development of sustainable transport systems;
(b) focusing on the social and environmental aspects of the transport systems;
(c) promoting efficient, safe and secure transport operations;
(d) enhancing the main transport links between their territories.
Article 210.
The cooperation referred to in this Chapter shall cover, among others, the following areas:
(a) exchange of best practices on transport policies;
(b) improvement of the movement of passengers and goods, increasing fluidity of transport flows by removing administrative, technical and other obstacles, aiming at closer market integration, improving transport networks and upgrading the infrastructure;
(c) information exchange and joint activities at regional and international level and implementation of applicable international agreements and conventions;
(d) exchange of best practices on safety and sustainable development of maritime transport.
The Republic of Kazakhstan shall bring its bilateral aviation agreements with the Member States of the European Union
In accordance with the legislation of the European Union.
Article 211.
A regular dialogue shall take place on the issues covered by this Chapter.
Chapter 7. Cooperation In the Area of Environment
Article 212.
The Parties shall develop and strengthen their cooperation on environmental issues, thereby contributing to sustainable development and good governance in environmental protection.
Cooperation shall be pursued in the following fields:
(a) environmental assessments, monitoring and control;
(b) environmental education and awareness raising, improving access to information, enhancing public participation in decision making and access to justice in environmental matters;
(c) legislation in the field of environmental protection;
(d) air quality;
(e) waste management;
(f) water quality management, including marine environment;
(g) integrated water resource management, including promotion of advanced water saving technologies;
(h) conservation and protection of biological and landscape diversity;
(i) sustainable forest management;
(j) industrial pollution and industrial emissions;
(k) classification and safe management of chemicals;
(l) initiatives of the European Union and the Republic of Kazakhstan in the area of green economy; and
(m) mutual exchange of experience regarding the policies for sustainable development of fisheries.
Article 213.
Cooperation in the field of environmental protection shall be carried out by mutual consent of the Parties in, among others, the following forms:
(a) exchange of technologies, scientific and technical information, and research activities in the field of environmental protection;
(b) exchange of experience in improvement of environmental legislation and methodologies.
Article 214.
The Parties shall pay special attention to the implementation of, and cooperation in, environmental issues in the framework of relevant multilateral environmental agreements and agree to intensify cooperation at regional level.
The Parties shall exchange experience in promoting integration of the environment into other sectors, including exchanging best practices, increasing knowledge and competence, environmental education and awareness raising in the areas referred to in this Chapter.
Chapter 8. Cooperation In the Area of Climate Change
Article 215.
The Parties shall develop and strengthen their cooperation to combat and to adapt to climate change. Cooperation shall be conducted considering the interests of the Parties on the basis of equality and mutual benefit and taking into account the interdependence existing between bilateral and multilateral commitments in this field.
Article 216.
Cooperation shall promote measures at domestic and international level, including in the following areas:
(a) mitigation of climate change;
(b) adaptation to climate change;
(c) market and non-market approaches to addressing climate change;
(d) research, development, demonstration, deployment and diffusion of new, safe and sustainable low-carbon and adaptation technologies;
(e) exchange of climate expertise and support for other sectors;
(f) awareness raising, education and training.
Article 217.
The Parties shall, inter alia, exchange information and expertise, implement joint research activities and exchanges of information on cleaner technologies, implement joint activities at regional and international level, including with regard to multilateral environmental agreements applicable to the Parties, such as the UN Framework Convention on Climate Change, and joint activities in the framework of relevant agencies, as appropriate.
Chapter 9. Cooperation In the Area of Industry
Article 218.
The Parties shall develop and strengthen their cooperation on industry, including issues of development of effective incentives and favourable conditions for the further diversification and an increase in competitiveness of the manufacturing industry.
To that end, the Parties shall cooperate, including through the exchange of best practices and experience, in the following sectors:
(a) productivity and efficiency of resource use;
(b) public supporting measures for industry sectors, based on WTO requirements and other applicable rules of the Parties;
(c) implementation of the industrial policy within a context of deepening integration;
(d) tools to enhance the efficiency of the implementation of industrial policy;
(e) investment activity in the manufacturing industry, reduction of its energy consumption, as well as the exchange of experiences in the implementation of labour productivity policies;
(f) conditions for the development of new production technologies, high-tech industries, and knowledge and technology transfer, as well as further development of basic infrastructure and favourable environment for innovation clusters;
(g) investment and trade in mining and production of raw materials, with the objectives of promoting mutual understanding and transparency, improving the business environment, and promoting the exchange of information and cooperation in the area of non-energy mining, in particular metallic ores and industrial minerals;
(h) human resource capacity development in the manufacturing industry;
(i) promotion of business initiatives and industrial cooperation between enterprises of the European Union and the Republic of Kazakhstan.
This Agreement does not exclude greater industrial cooperation between the Parties, and separate arrangements may be concluded.
Chapter 10. Cooperation In the Area of Small and Medium-sized Enterprises
Article 219.
The Parties shall develop and strengthen their cooperation in the area of small and medium-sized enterprises (SMEs) to foster a business environment conducive to the successful development and creation of SMEs.
To that end, the Parties shall cooperate in the following fields:
(a) exchange of information on SME development policy;
(b) exchange of best practices on initiatives strengthening entrepreneurship as a key competence;
(c) promotion of better contacts between business associations of both Parties through closer dialogue;
(d) exchange of experience in supporting the capacity of SMEs to access international markets;
(e) exchange of experience in the area of improving the regulatory framework impact on SMEs;
(f) exchange of best practices on access to financing for SMEs.
Chapter 11. Cooperation In the Area of Company Law
Article 220.
The Parties recognise the importance of an effective set of rules and practices in the areas of company law and corporate governance, as well as in accounting and auditing, in a functioning market economy with a predictable and transparent business environment, and underline the importance of promoting regulatory convergence in this field.
The Parties shall cooperate on the following:
(a) exchange of best practices on ensuring availability of and access to information regarding the organisation and representation of registered companies in a transparent and easily accessible way;
(b) further development of corporate governance policy in line with international and particularly OECD standards;
(c) fostering the implementation and consistent application of International Financial Reporting Standards (IFRS) for the consolidated accounts of listed companies;
(d) the approximation of accounting rules and financial reporting, including as regards SMEs;
(e) the regulation and oversight of the auditor and accountant professions;