The Parties shall support the development of relations between non-governmental organisations from the European
Union and the Republic of Kazakhstan.
The Parties shall give support to the respective institutions and non-governmental organisations which implement activities in the area of human rights. The Parties shall share all relevant information on cooperation programmes, formally and regularly, at least once a year.
Chapter 6. Cooperation In the Field of Sport and Physical Activity
Article 252.
The Parties shall promote cooperation in the field of sport and physical activity in order to help develop a healthy lifestyle among all age groups, to promote the social functions and educational values of sport, and to fight against threats to sport such as doping, racism, and violence. The cooperation shall include, in particular, the exchange of information and good practices.
Chapter 7. Cooperation In the Area of Civil Protection
Article 253.
The Parties recognise the need to manage both domestic and global natural and man-made disaster risks.
In order to increase the resilience of their societies and infrastructure, the Parties affirm their intention to improve prevention, mitigation, preparedness and response measures to natural and man-made disasters and to cooperate, as appropriate, at bilateral and multilateral political levels in order to improve global disaster risk-management outcomes.
Cooperation, subject to the availability of sufficient resources, shall support:
(a) the interaction of competent bodies, other organisations and individuals that carry out activities in the field of civil protection;
(b) the coordination of mutual assistance, if requested, in case of disasters;
(c) the exchange of experience in raising awareness of populations on disaster preparedness;
(d) training, retraining, skills upgrading and specialist training in the field of civil protection and in using early warning systems.
Chapter 8. Cooperation In Space Activities
Article 254.
The Parties shall promote, where appropriate, long-term cooperation in the areas of civil space research and development. The Parties shall pay particular attention to initiatives envisaging complementarity of their respective space activities.
Article 255.
The Parties may cooperate in the areas of satellite navigation, earth observation, space research and other areas in accordance with the interests of the Parties.
Chapter 9. Cooperation In the Area of Consumer Protection
Article 256.
The Parties shall cooperate in order to ensure a high level of consumer protection and to achieve compatibility between their systems of consumer protection.
Cooperation may comprise, when appropriate:
(a) exchanging best practices in consumer policy, including product quality and safety requirements, and organising a market surveillance system and an information exchange mechanism;
(b) promoting the exchange of experience in consumer protection systems, including consumer legislation and its enforcement, consumer product safety, raising consumer awareness and empowerment, and consumer redress;
(c) providing training activities for administration officials and other consumer interest representatives;
(d) encouraging the development of independent consumer organisations and contact between consumer representatives.
Chapter 10. Regional Cooperation
Article 257.
The Parties shall promote mutual understanding and bilateral cooperation in the field of regional policy with the objective of improving living conditions and increasing the participation of all regions in the social and economic development of the Parties.
Article 258.
The Parties shall support and strengthen the involvement of local and regional level authorities in regional cooperation, in accordance with existing international agreements and arrangements, in order to develop capacity building measures and to promote the strengthening of regional economic and business networks.
Article 259.
The Parties shall strengthen and encourage the development of regional cooperation elements of the areas covered by this Agreement, inter alia, transport, energy, communication networks, culture, education, research, tourism, water resources and environment, civil protection and other areas which have a bearing on regional cooperation.
Chapter 11. Cooperation In the Field of Civil Service
Article 260.
1. The Parties shall facilitate the exchange of experience and knowledge in implementing international best practices within public and civil services and in capacity building for public and civil servants and their professional development and training.
2. The Parties shall facilitate dialogue on measures aimed at improving the quality of public services and on joint efforts to promote multilateral cooperation within the framework of the regional civil service hub in the Republic of Kazakhstan.
3. In the framework referred to in paragraph 2, the Parties shall cooperate, inter alia, through facilitating:
(a) the exchange of experts;
(b) the organisation of seminars; and
(c) the organisation of training activities.
Title VII. Financial and Technical Cooperation
Article 261.
The Parties shall continue and intensify current financial and technical cooperation, based on a comprehensive partnership and principles of mutual interest, reciprocity, transparency, predictability and mutual protection of the interests of the Parties.
To achieve the objectives of this Agreement, the Republic of Kazakhstan may receive financial assistance from the European Union in the form of grants and loans, possibly in partnership with the European Investment Bank and other international financial institutions.
Financial assistance may be provided in accordance with the relevant regulations governing the multi-annual financial framework of the European Union (1), notably in the form of exchanges of experts, conducting research, organising fora, conferences, seminars and training courses, grants in support of development and implementation programmes and projects. The Financial Regulation (2) and Implementing Rules (3) shall apply to financing by the European Union.
Financial assistance shall be based on annual action programmes established by the European Union, following consultations with the Republic of Kazakhstan.
The European Union and the Republic of Kazakhstan may co-finance programmes and projects. The Parties shall coordinate programmes and projects on financial and technical cooperation and shall exchange information on all sources of assistance.
Aid effectiveness, as laid down in the OECD Paris Declaration on Aid Effectiveness, the ‘Backbone Strategy on Reforming Technical Cooperation' of the European Union, the reports of the European Court of Auditors, and the lessons learnt from implemented and ongoing cooperation programmes of the European Union in the Republic of Kazakhstan, shall be the basis for the delivery of financial assistance of the European Union to the Republic of Kazakhstan.
Article 262.
The Parties shall implement financial and technical assistance in accordance with the principles of sound financial management and cooperate in the protection of the financial interests of the European Union and of the Republic of Kazakhstan. The Parties shall take effective measures to prevent and fight irregularities (4), fraud, corruption and any other illegal activities to the detriment of the budget of the European Union and the budget of the Republic of Kazakhstan, by means of mutual legal and other assistance, in the fields covered by this Agreement.
Any further agreement or financing instrument to be concluded between the Parties during the implementation of this Agreement shall provide for specific financial cooperation clauses covering on-the-spot inspections and controls.
Article 263.
To make optimum use of available resources, the Parties commit themselves to ensuring that the contributions of the European Union are made in close coordination with contributions from other sources, third countries and international financial institutions.
Article 264. Prevention
The Parties shall check regularly that operations financed by funds of the European Union and co-financed by funds of the Republic of Kazakhstan have been properly implemented and shall take all appropriate measures to prevent irregularities, fraud, corruption, and any other illegal activities to the detriment of the funds of the European Union and the co-financing funds of the Republic of Kazakhstan. The Parties shall inform each other of any preventive measures taken.
Article 265. Communication
The Parties shall inform each other, notifying in particular the European Anti-Fraud Office and the competent authorities of the Republic of Kazakhstan, of suspected or actual cases of fraud, corruption, or any other irregularities in connection with the implementation of the funds of the European Union and co-financing funds of the Republic of Kazakhstan.
The Parties shall inform each other of any measures taken in relation to this Article.
Article 266. On-the-spot Inspections
On-the-spot inspections with respect to financial assistance of the European Union shall be prepared and conducted by the European Anti-Fraud Office in close cooperation with the competent authorities of the Republic of Kazakhstan, in accordance with the legislation of the Republic of Kazakhstan.
Within the framework of this Agreement, the European Anti-Fraud Office shall be authorised to carry out on-the-spot inspections in order to protect the financial interests of the European Union, in accordance with Council Regulation (Euratom, EC) No 2185/96 (1) and Regulation (EU, Euratom) No 883/2013 (2) of the European Parliament and of the Council.
Article 267. Investigation and Prosecution
The competent bodies of the Republic of Kazakhstan shall investigate and prosecute, in accordance with the legislation of the Republic of Kazakhstan, suspected and actual cases of fraud, corruption and any other illegal activities to the detriment of funds of the European Union and co-financing funds of the Republic of Kazakhstan. Where appropriate, and upon formal request, the European Anti-Fraud Office may assist the competent authorities of the Republic of Kazakhstan in this task.
Title VIII. Institutional Framework
Article 268. Cooperation Council
1. The Cooperation Council is hereby established. It shall supervise and regularly review the implementation of this Agreement. It shall meet once a year at ministerial level. It shall examine any major issues arising within the framework of this Agreement and any other bilateral or international issues of mutual interest for the purpose of attaining the objectives of this Agreement.
2. For the purpose of attaining the objectives of this Agreement, the Cooperation Council shall take decisions within the scope of this Agreement, in the cases provided for therein. Such decisions shall be binding upon the Parties, who shall take appropriate measures to implement the decisions taken. The Cooperation Council may also make recommendations. It shall adopt its decisions and recommendations by agreement between the Parties following the completion of their respective internal procedures.
3. The Cooperation Council shall have the power to update or amend the Annexes to this Agreement, based on consensus between the Parties, without prejudice to any specific provisions under Title III (Trade and Business).
4. The Cooperation Council may delegate any of its powers to the Cooperation Committee, including the power to take binding decisions.
5. The Cooperation Council shall be composed of representatives of the Parties.
6. The Cooperation Council shall be chaired alternately by a representative of the European Union and a representative of the Republic of Kazakhstan.
7. The Cooperation Council shall establish its rules of procedure.
8. Either Party may refer any dispute relating to the implementation or interpretation of this Agreement to the Cooperation Council, in accordance with Article 278.
Article 269. Cooperation Committee and Specialised Subcommittees
1. A Cooperation Committee is hereby established. It shall assist the Cooperation Council in the performance of its duties.
2. The Cooperation Committee shall be composed of representatives of the Parties, in principle at senior civil servant level.
3. The Cooperation Committee shall be chaired alternately by a representative of the European Union and a representative of the Republic of Kazakhstan.
4. The Cooperation Committee shall take decisions in the cases provided for in this Agreement and in the areas in which the Cooperation Council has delegated powers to it. Those decisions shall be binding upon the Parties, who shall take appropriate measures to implement the decisions taken. The Cooperation Committee shall adopt its decisions by agreement between the Parties, following the completion of their respective internal procedures. Its responsibilities shall include preparing meetings of the Cooperation Council.
5. The Cooperation Committee may meet in a special composition to address relevant issues related to Title III (Trade and Business).
6. The Cooperation Council may decide to set up specialised subcommittees or any other bodies that can assist it in carrying out its duties and shall determine the composition and duties of such subcommittees or bodies and how they shall function.
7. In its rules of procedure, the Cooperation Council shall determine the duties and functioning of the Cooperation Committee and of any subcommittee or body set up by the Cooperation Council.
Article 270. Parliamentary Cooperation Committee
1. The Parliamentary Cooperation Committee is hereby established. It shall consist of Members of the European Parliament, on the one hand, and of Members of the Parliament of the Republic of Kazakhstan, on the other, and shall be a forum for them to meet and exchange views. It shall meet at intervals which it shall itself determine.
2. The activity of the Parliamentary Cooperation Committee shall aim to develop mutually beneficial and effective parliamentary cooperation between the European Parliament and the Parliament of the Republic of Kazakhstan.
3. The Parliamentary Cooperation Committee shall establish its rules of procedure.
4. The Parliamentary Cooperation Committee shall be presided over alternately by the European Parliament and the Parliament of the Republic of Kazakhstan, in accordance with the provisions to be laid down in its rules of procedure.
5. The Parliamentary Cooperation Committee may request information regarding the implementation of this Agreement from the Cooperation Council, which shall then supply the Committee with the requested information.
6. The Parliamentary Cooperation Committee shall be informed of the decisions and recommendations of the Cooperation Council.
7. The Parliamentary Cooperation Committee may make recommendations to the Cooperation Council.
Title IX. General and Final Provisions
Article 271. Access to Courts and Administrative Organs
Within the scope of this Agreement, each Party undertakes to ensure that natural and legal persons of the other Party have access, free of discrimination and under similar conditions as their own natural and legal persons, to their competent courts and administrative organs to defend their individual and property rights.
Article 272. Delegation of Authority
Unless otherwise specified in this Agreement, each Party shall ensure that a person that has been delegated regulatory, administrative or other governmental authority by a Party at any level of government, such as the power to grant import or export licences or licences for other economic activities, to approve commercial transactions or impose quotas, fees or other charges, acts, in the exercise of that authority, in accordance with that Party's obligations as set out under this Agreement.
Article 273. Restrictions In Case of Balance-of-payments and External Financial Difficulties
1. Where a Party experiences serious balance-of-payments or external financial difficulties, or where there is a threat thereof, it may adopt or maintain safeguard or restrictive measures which affect movements of capital, payments or transfers.
2. The measures referred to in paragraph 1 shall:
(a) not treat a Party less favourably than a non-Party in like situations;
(b) be consistent with the Articles of Agreement of the International Monetary Fund, as applicable;
(c) avoid unnecessary damage to the commercial, economic and financial interests of the other Party;
(d) be temporary and be phased out progressively as the situation specified in paragraph 1 improves.
3. In the case of trade in goods, a Party may adopt or maintain restrictive measures in order to safeguard its balance-of-payments or external financial position. Such measures shall be in accordance with the GATT 1994 and the Understanding on the Balance of Payment Provisions of the GATT 1994.
4. In the case of trade in services, a Party may adopt restrictive measures in order to safeguard its balance-of-payments or external financial position. Such measures shall be in accordance with the GATS.
5. Any Party maintaining or having adopted restrictive measures referred to in paragraphs 1 and 2 of shall promptly notify the other Party of them and present, as soon as possible, a time schedule for their removal.
6. Where restrictions are adopted or maintained under this Article, consultations shall be held promptly in the Cooperation Committee, if such consultations are not otherwise taking place outside the scope of this Agreement.
7. The consultations shall assess the balance-of-payments or external financial difficulties that led to the respective measures, taking into account, inter alia, such factors as:
(a) the nature and extent of the difficulties;
(b) the external economic and trading environment; or
(c) alternative corrective measures which may be available.
8. The consultations shall address the compliance of any restrictive measures with paragraphs 1 and 2.
9. In such consultations, all statistical findings and other facts presented by the IMF relating to foreign exchange, monetary reserves and balance of payments shall be accepted by the Parties and conclusions shall be based on the assessment by the IMF of the balance-of-payments and the external financial position of the Party concerned.
Article 274. Measures Related to Essential Security Interests
Nothing in this Agreement shall be construed:
(a) as requiring any Party to furnish any information, the disclosure of which it considers contrary to its essential security interests;
(b) as preventing any Party from taking any action which it considers necessary for the protection of its essential security interests:
(i) connected with the production of or trade in arms, munitions or war material;
(ii) relating to economic activities carried out directly or indirectly for the purpose of provisioning a military establishment;
(iii) relating to fissionable and fusionable materials or the materials from which they are derived;
(iv) relating to government procurement indispensable for national security or for defence purposes; or
(v) taken in time of war or other emergency in international relations; or
(c) as preventing any Party from taking any action in pursuance of obligations it has accepted for the purpose of maintaining international peace and security.
Article 275. Non-discrimination
1. In the fields covered by this Agreement and without prejudice to any special provisions contained therein:
(a) the arrangements applied by the Republic of Kazakhstan in respect of the European Union and its Member States shall not give rise to any discrimination between the Member States of the European Union or their natural or legal persons;
(b) the arrangements applied by the European Union or its Member States in respect of the Republic of Kazakhstan shall not give rise to any discrimination between natural or legal persons of the Republic of Kazakhstan.
2. Paragraph 1 shall be without prejudice to the right of the Parties to apply the relevant provisions of their fiscal legislation to taxpayers who are not in identical situations as regards their place of residence.
Article 276. Taxation
1. This Agreement shall only apply to taxation measures in so far as such application is necessary to give effect to the provisions of this Agreement.
2. Nothing in this Agreement shall be construed as preventing the adoption or enforcement of any measure aimed at preventing the avoidance or evasion of taxes pursuant to the tax provisions of agreements for the avoidance of double taxation, other tax arrangements or domestic fiscal legislation.
Article 277. Fulfilment of Obligations
1. The Parties shall take any measures required to fulfil their obligations under this Agreement. They shall ensure that the objectives set out in this Agreement are attained.
2. The Parties shall consult each other promptly through appropriate channels, at the request of either Party, in order to discuss any matter concerning the interpretation or implementation of this Agreement and other relevant aspects of the relations between the Parties.
3. Each Party shall refer to the Cooperation Council any dispute related to the interpretation or implementation of this Agreement in accordance with Article 278.
4. The Cooperation Council may settle a dispute in accordance with Article 278 and by means of a binding decision.
Article 278. Dispute Settlement
1. When a dispute arises between the Parties concerning the interpretation or implementation of this Agreement, either Party shall submit to the other Party and to the Cooperation Council a formal request that the matter in dispute be resolved. By way of derogation, disputes concerning the interpretation or implementation of Title III (Trade and Business) shall be exclusively governed by Chapter 14 (Dispute Settlement) of Title III (Trade and Business).
2. The Parties shall endeavour to resolve the dispute by entering into good faith consultations within the Cooperation Council as provided for in Article 268 with the aim of reaching a mutually acceptable solution as soon as possible. Consultations on a dispute can also be held at meetings of the Cooperation Committee or any other relevant subcommittee or body set up on the basis of Article 269, as agreed between the Parties or at the request of either Party. Consultations may also be held in writing.
3. The Parties shall provide the Cooperation Council, the Cooperation Committee or any other relevant subcommittee or body with all information required for a thorough examination of the situation.
4. A dispute shall be deemed to be resolved when the Cooperation Council has taken a binding decision to settle the matter as provided for in Article 277, or when it has declared that the dispute has reached an end.
5. All information disclosed during the consultations shall remain confidential.