1. If the matter is not resolved within three months of the date of notification of a formal request for a dispute settlement in accordance with Article 278, and if the complaining Party considers that the other Party has failed to fulfil an obligation under this Agreement, it may take appropriate measures, except in the case of disputes concerning the interpretation or implementation of Title III (Trade and Business).
2. By way of derogation from paragraph 1 of this Article, any Party may immediately take appropriate measures with regard to this Agreement in accordance with international law in case of:
(a) denunciation of this Agreement not sanctioned by the general rules of international law within the meaning of Article 60(3) of the Vienna Convention of 1969 on the Law of Treaties; or
(b) violation by the other Party of any of the essential elements of this Agreement referred to in Articles 1 and 11 of this Agreement.
In those cases, the appropriate measure shall be notified immediately to the other Party. At the request of the other Party, consultations shall be held for a period of up to 20 days. After this period, the measure shall apply.
3. In the selection of appropriate measures, priority shall be given to those which least disturb the functioning of this Agreement and are proportionate to the nature and gravity of the breach. Those measures shall be notified immediately to the Cooperation Council and shall be the subject of immediate consultations, during which each Party has the right to remove the violation in question.
Article 280. Public Access to Official Documents
The provisions of this Agreement shall be without prejudice to the application of the relevant legislation of the Parties regarding public access to official documents.
Article 281. Entry Into Force, Provisional Application, Duration and Termination
1. This Agreement shall enter into force on the first day of the second month following the date on which the Parties notify the General Secretariat of the Council of the European Union through diplomatic channels of the completion of the procedures necessary for that purpose.
2. Title III (Trade and Business), unless otherwise specified therein, shall apply as of the date of the entry into force referred to in paragraph 1, provided that the Republic of Kazakhstan has become a Member of the WTO by that date. In case the Republic of Kazakhstan becomes a Member of the WTO after the date of entry into force of this Agreement, Title III (Trade and Business), unless otherwise specified therein, shall apply as of the date the Republic of Kazakhstan has become a Member of the WTO.
3. Notwithstanding paragraphs 1 and 2, the European Union and the Republic of Kazakhstan may apply this Agreement provisionally in whole or in part, in accordance with their respective internal procedures and legislation, as applicable.
4. The provisional application begins on the first day of the first month following the date on which:
(a) the European Union has notified the Republic of Kazakhstan of the completion of the necessary procedures, indicating, where relevant, the parts of this Agreement that shall be provisionally applied; and
(b) the Republic of Kazakhstan has notified the European Union of the ratification of this Agreement.
5. Title III (Trade and Business) of this Agreement, unless otherwise specified therein, shall apply provisionally as of the date of provisional application referred to in paragraph 4, provided that the Republic of Kazakhstan has become a Member of the WTO by that date. In case the Republic of Kazakhstan becomes a Member of the WTO after the date of the provisional application of this Agreement but before its entry into force, Title III (Trade and Business), unless otherwise specified therein, shall apply provisionally as of the date the Republic of Kazakhstan has become a Member of the WTO.
6. For the purposes of the relevant provisions of this Agreement, including the Annexes and Protocols thereto, any reference in such provisions to the ‘date of entry into force of this Agreement' shall be understood to also refer to the date from which this Agreement is provisionally applied in accordance with paragraphs 4 and 5.
7. Upon the entry into force of this Agreement, the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part, signed in Brussels on 23 January 1995 and in force from 1 July 1999, shall be terminated.
During the period of the provisional application, in so far as the provisions of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part, signed in Brussels on 23 January 1995 and which entered into force on 1 July 1999, are not covered by the provisional application of this Agreement, they continue to apply.
8. This Agreement replaces the Agreement referred to in paragraph 7. References to that Agreement in all other agreements between the Parties shall be construed as referring to this Agreement.
9. This Agreement is concluded for an unlimited period, with the possibility of termination by either Party by means of a written notification delivered to the other Party through diplomatic channels. The termination shall take effect six months after receipt by a Party of the notification to terminate this Agreement. Such termination shall not affect ongoing projects commenced under this Agreement prior to the receipt of the notification.
10. Either Party may terminate the provisional application by means of a written notification delivered to the other Party through diplomatic channels. The termination shall take effect six months after receipt by a Party of the notification to terminate the provisional application of this Agreement. Such termination shall not affect ongoing projects commenced under this Agreement prior to the receipt of the notification.
Article 282.
Existing agreements between the Parties relating to specific areas of cooperation falling within the scope of this Agreement shall be considered part of their overall bilateral relations as governed by this Agreement and shall form part of a common institutional framework.
Article 283.
1. The Parties may by mutual consent amend, revise, and expand this Agreement with a view to enhancing the level of cooperation.
2. The Parties may complement this Agreement by concluding specific international agreements between them in any area falling within its scope. Such specific international agreements between the Parties shall be an integral part of their overall bilateral relations, as governed by this Agreement and shall form part of a common institutional framework.
Article 284. Annexes and Protocols
Annexes and Protocols to this Agreement shall form an integral part thereof.
Article 285. Definition of the Parties
For the purposes of this Agreement, the term ‘the Parties' shall mean the European Union or its Member States, or the European Union and its Member States, in accordance with their respective powers, of the one part, and the Republic of Kazakhstan, of the other part.
Article 286. Territorial Application
This Agreement shall apply to the territories in which the Treaty on European Union and the Treaty on the Functioning of the European Union are applied and under the conditions laid down in those Treaties, and to the territory of the Republic of Kazakhstan.
Article 287. Authentic Texts
This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish, Kazakh and Russian languages, each text being equally authentic.
Conclusion
IN WITNESS WHEREOF, the respective representatives have signed this Agreement.
Done at Astana on the twenty first day of December in the year two thousand and fifteen.
FOR THE KINGDOM OF BELGIUM
This signature also commits the French Community, the Flemish Community, the German-speaking Community, the Walloon Region, the Flemish Region and the Brussels-Capital Region.
FOR THE REPUBLIC OF BULGARIA,
FOR THE CZECH REPUBLIC,
FOR THE KINGDOM OF DENMARK,
FOR THE FEDERAL REPUBLIC OF GERMANY,
FOR THE REPUBLIC OF ESTONIA,
FOR IRELAND,
FOR THE HELLENIC REPUBLIC,
FOR THE KINGDOM OF SPAIN,
FOR THE FRENCH REPUBLIC,
FOR THE REPUBLIC OF CROATIA,
FOR THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
FOR THE REPUBLIC OF LATVIA,
FOR THE REPUBLIC OF LITHUANIA,
FOR THE GRAND DUCHY OF LUXEMBOURG,
FOR HUNGARY,
FOR THE REPUBLIC OF MALTA,
FOR THE KINGDOM OF THE NETHERLANDS,
FOR THE REPUBLIC OF AUSTRIA,
FOR THE REPUBLIC OF POLAND,
FOR THE PORTUGUESE REPUBLIC,
FOR ROMANIA,
FOR THE REPUBLIC OF SLOVENIA,
FOR THE SLOVAK REPUBLIC,
FOR THE REPUBLIC OF FINLAND,
FOR THE KINGDOM OF SWEDEN,
FOR THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
FOR THE EUROPEAN UNION
FOR THE EUROPEAN ATOMIC ENERGY COMMUNITY,
FOR KAZAKHSTAN
Attachments
ANNEX I. RESERVATIONS IN ACCORDANCE WITH ARTICLE 46
A. RESERVATIONS BY THE REPUBLIC OF KAZAKHSTAN
The Republic of Kazakhstan reserves the right to maintain or adopt any measure inconsistent with national treatment commitments as set out below:
1. Subsurface sector
1. 1. Use of surface and subsurface in the Republic of Kazakhstan is subject to establishment in the form of a juridical person of the Republic of Kazakhstan (i.e. subsidiary company).
1. 2. The State has a priority right to purchase the subsurface use right (or a part thereof) and/or an object related to subsurface use rights.
2. Strategic resources and objects
The Republic of Kazakhstan may refuse to permit juridical persons controlled by natural or juridical persons of the European Union and their branches established in the territory of the Republic of Kazakhstan to carry out transactions on the use of strategic resources and/or purchase of strategic objects in the Republic of Kazakhstan, if such use or purchase may lead to a concentration of rights with one person or group of persons from the same countries. The compliance with this condition is also mandatory with respect to affiliates as defined in the relevant legislation of the Republic of Kazakhstan ('). The Republic of Kazakhstan may establish limits on ownership rights and transfer of ownership rights for strategic resources and objects of the Republic of Kazakhstan based on national security interests.
3. Real estate
3. 1. Juridical persons controlled by natural or juridical persons of the European Union and their branches established in the territory of the Republic of Kazakhstan cannot privately own lands used for farming/agricultural production or forest planning purposes. Juridical persons controlled by natural or juridical persons of the European Union and their branches established in the territory of the Republic of Kazakhstan may be granted the right of temporary land use for farming/agricultural production purposes for a period of up to 10 years, renewable.
3. 2. Private ownership of land plots located in the border zone, in the borderland and within seaports of the Republic of Kazakhstan is prohibited for juridical persons controlled by natural or juridical persons of the European Union and their branches established in the territory of the Republic of Kazakhstan.
3. 3. Lease-holding of land plots for agricultural purposes adjacent to the State border of the Republic of Kazakhstan is restricted for juridical persons controlled by natural or juridical persons of the European Union and their branches established in the territory of the Republic of Kazakhstan.
3. 4. The right of permanent land use cannot be granted to juridical persons controlled by natural or juridical persons of the European Union and their branches established in the territory of the Republic of Kazakhstan.
4. Fauna
4. 1. Access to and use of the biological resources and fishing grounds situated in the maritime and internal waters coming under the sovereignty or within the jurisdiction of the Republic of Kazakhstan is restricted to fishing vessels flying the flag of the Republic of Kazakhstan and registered in the territory of the Republic of Kazakhstan unless otherwise provided for. Fishing vessels owned by subsidiaries of juridical persons of the European Union established in the form of a juridical person of the Republic of Kazakhstan shall not be prohibited from flying the flag of the Republic of Kazakhstan.
4. 2. The priority in granting usage of wildlife in a particular area or water zone is given to juridical persons of the Republic of Kazakhstan.
(h Article 64 of Law No 415 of 13 May 2003 on joint stock companies of the Republic of Kazakhstan and Article 12 of Law No 220-I of 22 April 1998 on limited liability companies and additional liability companies of the Republic of Kazakhstan.
5. Establishment requirements for licensing purposes
Companies producing goods subject to licensing due to important reasons of public health, safety or national security shall be established in the form of a juridical person of the Republic of Kazakhstan.
6. Continental shelf
Limitations may be introduced within the continental shelf of the Republic of Kazakhstan.
B. RESERVATIONS BY THE EUROPEAN UNION
The European Union reserves the right to maintain or adopt any measure inconsistent with national treatment commitments differentiated by its Member States, where applicable, as set out below.
1. Mining and quarrying including the extraction of oil and natural gas
In some Member States of the European Union restrictions may apply; the European Union may apply restrictions to juridical persons controlled by natural or juridical persons of the Republic of Kazakhstan which account for more than 5 % of the European Union's oil or natural gas imports.
2. Production of petroleum products, gas, electricity, steam, hot water and heat
In some Member States of the European Union restrictions may apply; the European Union may apply restrictions to juridical persons controlled by natural or juridical persons of the Republic of Kazakhstan which account for more than 5 % of the European Union's oil or natural gas imports.
3. Fishing
Access to and use of the biological resources and fishing grounds situated in the maritime waters coming under the sovereignty or within the jurisdiction of the Member States of the European Union is restricted to fishing vessels flying the flag of a Member State of the European Union and registered in European Union territory unless otherwise provided for.
4. Acquisition of real estate including land
In some Member States of the European Union, restrictions may apply to the acquisition of real estate, including land, by juridical persons controlled by natural or juridical persons of the Republic of Kazakhstan.
5. Agriculture including hunting
In some Member States of the European Union, national treatment is not applicable to juridical persons controlled by natural or juridical persons of the Republic of Kazakhstan which wish to undertake an agricultural enterprise; the acquisition of vineyards by juridical persons controlled by natural or juridical persons of the Republic of Kazakhstan is subject to notification or, as necessary, authorisation.
6. Aquaculture activities
National treatment does not apply to aquaculture activities in the territory of the European Union.
7. Extraction and processing of fissionable and fusionable materials or materials from which they are derived In some Member States of the European Union restrictions may apply.
ANNEX II. LIMITATIONS APPLIED BY THE REPUBLIC OF KAZAKHSTAN IN ACCORDANCE WITH ARTICLE 48(2)
A juridical person of the European Union attracting intra-corporate transferees (ICTs) in a non-services sector must be engaged in production of goods (1).
Employment of ICTs as managers and specialists shall meet the requirements of economic needs test (2). Upon expiration of a five-year period after the Republic of Kazakhstan's accession to the WTO, economic needs test shall not be applied (3).
The number of ICTs is limited to 50 % of the total number of executives, managers and specialists within each category in companies with a minimum of three individuals.
The entry and temporary stay of ICTs of the Party shall be permitted for three years, based on the permits, annually issued by the authorised body.
ANNEX V. RULES OF PROCEDURE FOR ARBITRATION UNDER CHAPTER 14 (DISPUTE SETTLEMENT) OF TITLE III (TRADE AND BUSINESS)
General provisions
1. In Chapter 14 (Dispute Settlement) of Title III (Trade and Business) of this Agreement and under these rules:
(a) ‘adviser' means a person retained by a Party to the dispute to advise or assist that Party in connection with the arbitration panel proceeding;
(b) ‘arbitrator' means a member of an arbitration panel established under Article 177 of this Agreement;
(c) ‘assistant' means a person who, under the terms of appointment of an arbitrator, conducts research or provides assistance to that arbitrator;
(d) ‘complaining Party' means any Party that requests the establishment of an arbitration panel under Article 176 of this Agreement;
(e) ‘Party complained against' means the Party that is alleged to be in violation of the provisions referred to in Article 173 of this Agreement;
(f) ‘arbitration panel' means a panel established under Article 177 of this Agreement;
(g) ‘epresentative of a Party' means an employee or any person appointed by a Party for the purposes of a dispute under this Agreement;
(h) ‘day' means a calendar day;
(i) ‘working day' means a day other than a public holiday, Saturday and Sunday.
2. The Parties shall share the expenses derived from organisational matters, including the remuneration and the
Expenses of the arbitrators.
Notifications
3. The request for consultations and the request for the establishment of an arbitration panel shall be delivered to the other Party by electronic communication, facsimile transmission, registered post, courier, or any other means of telecommunication that provides a record of the sending thereof.
4. Each Party to the dispute and the arbitration panel shall deliver any document other than the request for consultations and the request for the establishment of an arbitration panel by e-mail and by facsimile transmission, registered post, courier, or any other means of telecommunication that provides a record of the sending thereof to the other Party and, where relevant, to each of the arbitrators. Unless proven otherwise, an e-mail message shall be deemed to be delivered on the date of its sending. If any of the supporting documents is confidential or too big to be sent by e-mail, the Party sending the document may provide that document in another electronic format to the other Party and, where relevant, to each of the arbitrators within one day of the delivery of the e-mail. In those cases the Party delivering the document shall inform by e-mail the other Party and, where relevant, each of the arbitrators of the sending of the document and indicate its content.
5. All notifications shall be addressed to the Government of the Republic of Kazakhstan and to the Directorate-General for Trade of the European Commission, respectively. Within 30 days of the start of the application of Title III (Trade and Business) of this Agreement, the Parties shall exchange the details for the electronic communications pursuant to rules 3 and 4 of these Rules of Procedure. Any change of e-mail addresses or other electronic communications shall be notified without delay to the other Party and the arbitration panel, where applicable.
6. Minor errors of a clerical nature in any request, notice, written submission or other document related to the arbitration panel proceeding may be corrected by the prompt delivery of a new document clearly indicating the changes.
7. If the last date for delivery of a document falls on a Saturday, Sunday or a public holiday for the European Union or for the Republic of Kazakhstan, the last date for delivery shall be the next working day. When a document is delivered to a Party on a day which is a holiday for that Party, the document shall be deemed delivered on the next working day. The date of receipt of a document shall be deemed to be the same date as the date of its delivery.
Commencing the arbitration
8. (a) If pursuant to Article 177 of this Agreement or to rules 19, 20 or 47 of these Rules of Procedure, any member
Of the arbitration panel is selected by lot, the drawing of lots shall be carried out at a time and place decided by the complaining Party and promptly communicated to the Party complained against. The Party complained against may, if it so chooses, be present during the drawing of lots. In any event, the drawing of lots shall be carried out with whichever Party/Parties is/are present.
(b) If, pursuant to Article 177 of this Agreement or to rules 19, 20 or 47 of these Rules of Procedure, any member of the arbitration panel is selected by lot and there are two chairs of the Cooperation Committee, both chairs, or their delegates, or one chair alone in cases where the other chair or his delegate does not accept to participate in the drawing of lots, shall perform the selection by lot.
(c) The Parties shall notify the selected arbitrators of their appointment.
(d) An arbitrator who has been appointed according to the procedure established in Article 177 of this Agreement shall confirm his availability to serve as a member of the arbitration panel to the Cooperation Committee within five days of the date in which he was informed of his appointment.
(e) Unless the Parties to the dispute agree otherwise, the Parties shall hold a meeting with the arbitration panel in person or by other means of communication within seven days of the establishment of the arbitration panel. The Parties and the arbitration panel shall determine such matters that the Parties or the arbitration panel deem appropriate, including the remuneration and the expenses to be paid to the arbitrators. The remuneration and the expenses shall be in accordance with WTO standards.
9. (a) Unless the Parties agree otherwise within five days from the date of selection of the arbitrators, the terms of
Reference of the arbitration panel shall be:
‘to examine, in the light of the relevant provisions of the Agreement invoked by the parties to the dispute, the matter referred to in the request for establishment of the arbitration panel, to rule on the compatibility of the measure in question with the provisions referred to in Article 173 and to deliver a report in accordance with Articles 180, 181, 182 and 195 of this Agreement.'
(b) The Parties must notify the agreed terms of reference to the arbitration panel within three days of their agreement.
Initial submissions
10. The complaining Party shall deliver its initial written submission no later than 20 days after the date of establishment of the arbitration panel. The Party complained against shall deliver its written counter-submission no later than 20 days after the date of receipt of the initial written submission.
Working of arbitration panels
11. The chairperson of the arbitration panel shall preside over all its meetings. An arbitration panel may delegate to the chairperson the authority to make administrative and procedural decisions.