EU - Kazakhstan EPCA (2015)
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(a) to all suppliers that are participating at the time of the modification, amendment or re-issuance, where such suppliers are known to the entity, and in all other cases, in the same manner as the original information was made available; and

(b) in adequate time to allow such suppliers to modify and re-submit amended tenders, as appropriate.

Article 128. Time Periods

General

1. A procuring entity shall, consistent with its own reasonable needs, provide sufficient time for suppliers to prepare and submit requests for participation and responsive tenders, taking into account such factors as:

(a) the nature and complexity of the procurement;

(b) the extent of subcontracting anticipated; and

(c) the time necessary for transmitting tenders by non-electronic means from foreign as well as domestic points where electronic means are not used.

Such time periods, including any extension of the time periods, shall be the same for all interested or participating suppliers.

Deadlines

2. A procuring entity that uses selective tendering shall establish that the final date for the submission of requests for participation shall not, in principle, be less than 25 days from the date of publication of the notice of intended procurement. Where a state of urgency duly substantiated by the procuring entity renders this time period impracticable, the time period may be reduced to not less than 10 days.

3. Except as provided for in paragraphs 4, 5, 7 and 8, a procuring entity shall establish that the final date for the submission of tenders shall not be less than 40 days from the date on which:

(a) in the case of open tendering, the notice of intended procurement is published; or

(b) in the case of selective tendering, the entity notifies suppliers that they will be invited to submit tenders, whether or not it uses a multi-use list.

4. A procuring entity may reduce the time period for tendering established in accordance with paragraph 3 to not less than 10 days where:

(a) the procuring entity has published a notice of planned procurement as described in Article 124(4) at least 40 days and not more than 12 months in advance of the publication of the notice of intended procurement, and the notice of planned procurement contains:

(i) a description of the procurement;

(ii) the approximate final dates for the submission of tenders or requests for participation;

(iii) a statement that interested suppliers should express their interest in the procurement to the procuring entity;

(iv) the address from which documents relating to the procurement may be obtained; and

(v) as much of the information that is required for the notice of intended procurement under Article 124(2), as is available;

(b) the procuring entity, for procurements of a recurring nature, indicates in an initial notice of intended procurement that subsequent notices will provide time periods for tendering based on this paragraph; or

(c) a state of urgency duly substantiated by the procuring entity renders the time period for tendering established in accordance with paragraph 3 impracticable. 5 6

5. A procuring entity may reduce the time period for tendering established in accordance with paragraph 3 by seven days in each one of the following circumstances:

(a) the notice of intended procurement is published by electronic means;

(b) all the tender documentation is made available by electronic means from the date of the publication of the notice of intended procurement; and

(c) the entity accepts tenders by electronic means.

6. The use of the provisions of paragraph 5, in conjunction with paragraph 4, shall in no case result in the reduction of the time period for tendering established in accordance with paragraph 3 to less than seven days from the date on which the notice of intended procurement is published.

7. Notwithstanding any other provision in this Article, where a procuring entity purchases commercial goods or services, or any combination thereof, it may reduce the time period for tendering established in accordance with paragraph 3 to not less than 13 days, provided that it publishes by electronic means, at the same time, both the notice of intended procurement and the tender documentation. In addition, where the entity accepts tenders for commercial goods or services by electronic means, it may reduce the time period established in accordance with paragraph 3 to not less than seven days.

8. Where a procuring entity covered under Part 3 of Annex III has selected all or a limited number of qualified suppliers, the time period for tendering may be fixed by mutual agreement between the procuring entity and the selected suppliers. In the absence of agreement, the period shall not be less than seven days.

Article 129. Negotiation

1. A Party may provide for its procuring entities to conduct negotiations:

(a) where the entity has indicated its intent to conduct negotiations in the notice of intended procurement required under Article 124(2); or

(b) where it appears from the evaluation that no tender is obviously the most advantageous in terms of the specific evaluation criteria set out in the notice of intended procurement or tender documentation.

2. A procuring entity shall:

(a) ensure that any elimination of suppliers participating in negotiations is carried out in accordance with the evaluation criteria set out in the notice of intended procurement or tender documentation; and

(b) where negotiations are concluded, provide a common deadline for the remaining participating suppliers to submit any new or revised tenders.

Article 130. Limited Tendering

1. Provided that it does not use this provision for the purpose of avoiding competition among suppliers or in a manner that discriminates against suppliers of the other Party or protects domestic suppliers, a procuring entity may use limited tendering and may choose not to apply Articles 124, 125, 126, 127 (paragraphs 7 to 11), 128, 129, 131 and 132 only under any of the following circumstances:

(a) provided that the requirements of the tender documentation are not substantially modified, where:

(i) no tenders were submitted or no suppliers requested participation;

(ii) no tenders that conform to the essential requirements of the tender documentation were submitted;

(iii) no suppliers satisfied the conditions for participation; or

(iv) the tenders submitted have been collusive;

(b) where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons:

(i) the requirement is for a work of art;

(ii) the protection of patents, copyrights or other exclusive rights; or

(iii) due to an absence of competition for technical reasons;

(c) for additional deliveries by the original supplier of goods or services that were not included in the initial procurement where a change of supplier for such additional goods or services:

(i) cannot be made for economic or technical reasons such as requirements of inter-changeability or interoperability with existing equipment, software, services or installations procured under the initial procurement; and

(ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity;

(d) insofar as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the goods or services could not be obtained in time using open tendering or selective tendering;

(e) for goods purchased on a commodity market;

(f) where a procuring entity procures a prototype or a first good or service that is developed at its request in the course of, and for, a particular contract for research, experiment, study or original development. Original development of a first good or service may include limited production or supply in order to incorporate the results of field testing and to demonstrate that the good or service is suitable for production or supply in quantity to acceptable quality standards, but does not include quantity production or supply to establish commercial viability or to recover research and development costs;

(g) for purchases made under exceptionally advantageous conditions that only arise in the very short term in the case of unusual disposals such as those arising from liquidation, receivership or bankruptcy, but not for routine purchases from regular suppliers; or

(h) where a contract is awarded to a winner of a design contest provided that:

(i) the contest has been organised in a manner that is consistent with the principles of this Chapter, in particular relating to the publication of a notice of intended procurement; and

(ii) the participants are judged by an independent jury with a view to a design contract being awarded to a winner.

2. A procuring entity shall prepare a report in writing on each contract awarded under paragraph 1. The report shall include the name of the procuring entity, the value and kind of goods or services procured and a statement indicating the circumstances and conditions described in paragraph 1 that justified the use of limited tendering.

Article 131. Electronic Auctions

1. Procuring entities may use electronic auctions.

2. In open, limited or negotiated procedures, a procuring entity may decide that the award of a contract shall be preceded by an electronic auction when the contract specifications can be established with precision.

The electronic auction shall be based:

(a) solely on prices when the contract is awarded to the lowest price; or

(b) on prices and/or on the new values of the features of the tenders indicated in the specification when the contract is awarded to the most advantageous tender.

3. A procuring entity which decides to hold an electronic auction shall state that fact in the notice of intended procurement.

The specifications shall include, inter alia, the following details:

(a) the features, the values for which will be the subject of electronic auction, provided that such features are quantifiable and can be expressed in figures or percentages;

(b) any limits on the values which may be submitted, as they result from the specifications relating to the subject of the procurement;

(c) the information which will be made available to tenderers in the course of the electronic auction and, where appropriate, when it will be made available to them;

(d) the relevant information concerning the electronic auction process;

(e) the conditions under which the tenderers will be able to bid and, in particular, the minimum differences which will, where appropriate, be required when bidding;

(f) the relevant information concerning the electronic equipment used and the arrangements and technical specifications for connection.

4. Before proceeding with an electronic auction, a procuring entity shall make a full initial evaluation of the tenders in accordance with the award criterion or criteria set and with the weighting fixed for them. All tenderers who have submitted admissible tenders shall be invited simultaneously by electronic means to submit new prices and/or new values; the invitation shall contain all relevant information concerning individual connection to the electronic equipment being used and shall state the date and time of the start of the electronic auction. The electronic auction may take place in a number of successive phases. The electronic auction may not start sooner than two working days after the date on which invitations are sent out.

5. When the contract is to be awarded on the basis of the most advantageous tender, the invitation shall be accompanied by the outcome of a full evaluation of the relevant tenderer. The invitation shall also state the mathematical formula to be used in the electronic auction to determine automatic re-rankings on the basis of the new prices and/or new values submitted. That formula shall incorporate the weighting of all the criteria fixed to determine the most advantageous tender, as indicated in the contract notice or in the specifications; for that purpose, any ranges shall, however, be reduced beforehand to a specified value.

6. Throughout each phase of an electronic auction the contracting authorities shall instantaneously communicate to all tenderers at least sufficient information to enable them to ascertain their relative rankings at any moment. They may also communicate other information concerning other prices or values submitted, provided that that is stated in the specifications. They may also at any time announce the number of participants in that phase of the auction. In no case, however, may they disclose the identities of the tenderers during any phase of an electronic auction.

7. A procuring entity shall close an electronic auction in one or more of the following manners:

(a) by indicating in the invitation to take part in the auction the date and time fixed in advance;

(b) when it receives no more new prices or new values which meet the requirements concerning minimum differences, by stating in the invitation to take part in the auction the time which it will allow to elapse after receiving the last submission before it closes the electronic auction;

(c) when the number of phases in the auction, fixed in the invitation to take part in the auction, has been completed.

8. When the procuring entity has decided to close an electronic auction in accordance with point (c) of paragraph 7, possibly in combination with the arrangements laid down in point (b) of that paragraph, the invitation to take part in the auction shall indicate the timetable for each phase of the auction.

9. After closing an electronic auction a procuring entity shall award the contract in accordance with Article 132 on the basis of the results of the electronic auction.

10. Procuring entities may not have improper recourse to electronic auctions nor may they use them in such a way as to prevent, restrict or distort competition or to change the subject matter of the contract, as put up for tender in the published notice of intended procurement and defined in the specification.

Article 132. Treatment of Tenders and Awarding of Contracts

Treatment of Tenders

1. A procuring entity shall receive, open and treat all tenders under procedures that guarantee the fairness and impartiality of the procurement process, and the confidentiality of tenders.

2. A procuring entity shall not penalise any supplier whose tender is received after the time specified for receiving tenders if the delay is due solely to mishandling on the part of the procuring entity.

3. Where a procuring entity provides a supplier with an opportunity to correct unintentional errors of form between the opening of tenders and the awarding of the contract, the procuring entity shall provide the same opportunity to all participating suppliers.

Awarding of Contracts

4. To be considered for an award, a tender shall be submitted in writing and shall, at the time of opening, comply with the essential requirements set out in the notices and tender documentation and be from a supplier that satisfies the conditions for participation.

5. Unless a procuring entity determines that it is not in the public interest to award a contract, the entity shall award the contract to the supplier that the entity has determined to be capable of fulfilling the terms of the contract and that, based solely on the evaluation criteria specified in the notices and tender documentation, has submitted:

(a) the most advantageous tender; or

(b) where price is the sole criterion, the lowest price.

6. Where a procuring entity receives a tender with a price that is abnormally lower than the prices in other tenders submitted, it may verify with the supplier that it satisfies the conditions for participation and is capable of fulfilling the terms of the contract.

7. A procuring entity shall not use options, cancel a procurement or modify awarded contracts in a manner that circumvents the obligations under this Chapter.

Article 133. Transparency of Procurement Information

Information Provided to Suppliers

1. A procuring entity shall promptly inform participating suppliers of the entity's contract award decisions and, at the request of a supplier, shall do so in writing. Subject to Article 134(2) and (3), a procuring entity shall, on request, provide an unsuccessful supplier with an explanation of the reasons why the entity did not select its tender and the relative advantages of the successful supplier's tender.

Publication of Award Information

2. No later than 72 days after the award of each contract covered by this Chapter, a procuring entity shall publish a notice in the appropriate paper or electronic medium listed in Part 2 of Annex IV. Where the entity publishes the notice only in an electronic medium, the information shall remain readily accessible for a reasonable period of time. The notice shall include at least the following information:

(a) a description of the goods or services procured;

(b) the name and address of the procuring entity;

(c) the name and address of the successful supplier;

(d) the value of the successful tender or the highest and lowest offers taken into account in the award of the contract;

(e) the date of award; and

(f) the type of procurement method used, and in cases where limited tendering was used in accordance with Article 130, a description of the circumstances justifying the use of limited tendering.

Maintenance of Documentation, Reports and Electronic Traceability

3. Each procuring entity shall, for a period of at least three years from the date it awards a contract, maintain:

(a) the documentation and reports of tendering procedures and contract awards relating to covered procurement, including the reports required under Article 130; and

(b) data that ensure the appropriate traceability of the conduct of covered procurement by electronic means.

Article 134. Disclosure of Information

Provision of Information to Parties

1. On request of the other Party, a Party shall provide promptly any information necessary to determine whether a procurement was conducted fairly, impartially and in accordance with this Chapter, including information on the characteristics and relative advantages of the successful tender. In cases where release of the information would prejudice competition in future tenders, the Party that receives the information shall not disclose it to any supplier, except after consulting with, and obtaining the agreement of, the Party that provided the information.

Non-Disclosure of Information

2. Notwithstanding any other provision of this Chapter, a Party, including its procuring entities, shall not provide to any particular supplier information that might prejudice fair competition between suppliers.

3. Nothing in this Chapter shall be construed as requiring a Party, including its procuring entities, authorities and review bodies, to disclose confidential information where disclosure:

(a) would impede law enforcement;

(b) might prejudice fair competition between suppliers;

(c) would prejudice the legitimate commercial interests of particular persons, including the protection of intellectual property; or

(d) would otherwise be contrary to the public interest.

Article 135. Domestic Review Procedures

1. Each Party shall provide a timely, effective, transparent and non-discriminatory administrative or judicial review procedure through which a supplier may, in the context of a covered procurement, in which that supplier has, or has had, an interest, challenge:

(a) a breach of this Chapter; or

(b) where the supplier does not have a right to challenge directly a breach of this Chapter under the domestic law of a Party, a failure to comply with a Party's measures implementing this Chapter.

2. The procedural rules for all challenges pursuant to paragraph 1 shall be in writing and made generally available.

3. In the event of a complaint by a supplier, arising in the context of covered procurement in which the supplier has, or has had, an interest, that there has been a breach or a failure as referred to in paragraph 1, the Party of the procuring entity conducting the procurement shall encourage the entity and the supplier to seek resolution of the complaint through consultations. The entity shall accord impartial and timely consideration to any such complaint in a manner that is not prejudicial to the supplier's participation in ongoing or future procurement or its right to seek corrective measures under the administrative or judicial review procedure.

4. Each supplier shall be allowed a sufficient period of time to prepare and submit a challenge, which shall in no case be less than 10 days from the time when the basis of the challenge became known or reasonably should have become known to the supplier.

5. Each Party shall establish or designate at least one impartial administrative or judicial authority that is independent of its procuring entities to receive and review a challenge by a supplier arising in the context of a covered procurement.

6. Where a body other than an authority referred to in paragraph 5 initially reviews a challenge, the Party shall ensure that the supplier may appeal the initial decision to an impartial administrative or judicial authority that is independent of the procuring entity whose procurement is the subject of the challenge.

7. Each Party shall ensure that a review body that is not a court shall have its decision subject to judicial review or have procedures that provide that:

(a) the procuring entity shall respond in writing to the challenge and disclose all relevant documents to the review body;

(b) the participants to the proceedings (hereinafter referred to as ‘participants') shall have the right to be heard prior to a decision of the review body being made on the challenge;

(c) the participants shall have the right to be represented and accompanied;

(d) the participants shall have access to all proceedings;

(e) the participants shall have the right to request that the proceedings take place in public and that witnesses may be presented; and

(f) the review body shall make its decisions or recommendations in a timely fashion, in writing, and shall include an explanation of the basis for each decision or recommendation.

8. Each Party shall adopt or maintain procedures that provide for:

(a) rapid interim measures to preserve the supplier's opportunity to participate in the procurement; and

(b) where a review body has determined that there has been a breach or a failure as referred to in paragraph 1, corrective action or compensation for the loss or damages suffered, which may be limited to either the costs for the preparation of the tender or the costs relating to the challenge, or both.

9. The rapid interim measures referred to in point (a) of paragraph 8 may result in suspension of the procurement process. The procedures referred to in paragraph 8 may provide that overriding adverse consequences for the interests concerned, including the public interest, may be taken into account when deciding whether such measures should be applied. Just cause for not acting shall be provided in writing.

Article 136. Modifications and Rectifications to Coverage

1. A Party may propose a modification or rectification of the elements in Annex III which relate to that Party.

Modifications

2. When a Party proposes a modification, that Party shall:

(a) notify the other Party in writing; and

(b) include in the notification a proposal for appropriate compensatory adjustments to the other Party to maintain a level of coverage comparable to that existing prior to the modification.

3. Notwithstanding point (b) of paragraph 2, a Party need not provide compensatory adjustments if:

(a) the modification in question is negligible in its effect; or

(b) the modification covers an entity over which the Party has effectively eliminated its control or influence.

4. The other Party shall be deemed to have accepted the modification, including for the purposes of Chapter 14 (Dispute Settlement) of this Title, unless it objects in writing within 45 days of receipt of the notification referred to in point (a) of paragraph 2 that:

  • Title   I General Principles and Aims of this Agreement 1
  • Article   1 General Principles 1
  • Article   2 Aims of this Agreement 1
  • Article   3 Cooperation In Regional and International Organisations 1
  • Title   II POLITICAL DIALOGUE; COOPERATION IN THE FIELD OF FOREIGN AND SECURITY POLICY 1
  • Article   4 Political Dialogue 1
  • Article   5 Democracy and the Rule of Law 1
  • Article   6 Foreign and Security Policy 1
  • Article   7 Space Security 1
  • Article   8 Serious Crimes of International Concern 1
  • Article   9 Conflict Prevention and Crisis Management 1
  • Article   10 Regional Stability 1
  • Article   11 Countering the Proliferation of Weapons of Mass Destruction 1
  • Article   12 Small Arms and Light Weapons 1
  • Article   13 Counter-terrorism 1
  • Title   III Trade and Business 1
  • Chapter   1 Trade In Goods 1
  • Article   14 Most-favoured-nation Treatment 1
  • Article   15 National Treatment 1
  • Article   16 Import and Export Customs Duties 1
  • Article   17 Import and Export Restrictions 1
  • Article   18 Temporary Admission of Goods 1
  • Article   19 Transit 1
  • Article   20 Safeguard Measures 1
  • Article   21 Special Agriculture Safeguard 1
  • Article   22 Anti-dumping and Countervailing Measures 1
  • Article   23 Pricing 1
  • Article   24 Exceptions 1
  • Chapter   2 Customs 1
  • Article   25 Customs Cooperation 1
  • Article   26 Mutual Administrative Assistance 2
  • Article   27 Customs Valuation 2
  • Chapter   3 Technical Barriers to Trade 2
  • Article   28 Wto Agreement on Technical Barriers to Trade 2
  • Article   29 Technical Regulation, Standardisation, Metrology, Accreditation, Market Surveillance and Conformity Assessment 2
  • Article   30 Transparency 2
  • Chapter   4 Sanitary and Phytosanitary Matters 2
  • Article   31 Objective 2
  • Article   32 Principles 2
  • Article   33 Import Requirements 2
  • Article   34 Equivalence 2
  • Article   35 Measures Linked to Animal and Plant Health 2
  • Article   36 Trade Facilitation 2
  • Article   37 Inspections and Audits 2
  • Article   38 Exchange of Information and Cooperation 2
  • Chapter   5 Trade In Services and Establishment 2
  • Section   1 General Provisions 2
  • Article   39 Objective, Scope and Coverage 2
  • Article   40 Definitions 2
  • Section   2 Establishment and Cross-border Supply of Services 2
  • Subsection   1 All Economic Activities 2
  • Article   41 Scope and Coverage 2
  • Article   42 Progressive Improvement of Conditions for Establishment 2
  • Article   43 Progressive Improvement of Conditions for Cross-border Supply of Services 2
  • Subsection   2 Economic Activities other Than Services 2
  • Article   44 Scope and Coverage 2
  • Article   45 Most-favoured-nation Treatment 2
  • Article   46 National Treatment 2
  • Section   3 Temporary Presence of Natural Persons for Business Purposes 2
  • Article   47 Coverage and Definitions 2
  • Article   48 Intra-corporate Transferees and Business Visitors for Establishment Purposes 2
  • Article   49 Contractual Service Suppliers 2
  • Article   50 Most-favoured-nation Treatment 3
  • Article   51 Progressive Improvement of Conditions for Temporary Presence of Natural Persons for Business Purposes 3
  • Section   4 Domestic Regulation 3
  • Article   52 Scope and Coverage 3
  • Article   53 Licensing and Qualification 3
  • Section   5 Sector Specific Provisions 3
  • Article   54 International Maritime Transport 3
  • Article   54bis Road, Rail, Inland Waterways and Air Transport 3
  • Section   6 Exceptions 3
  • Article   55 General Exceptions 3
  • Section   7 Investment 3
  • Article   56 Review and Consultations 3
  • Chapter   6 Capital Movements and Payments 3
  • Article   57 Current Account 3
  • Article   58 Movement of Capital 3
  • Article   59 Exceptions 3
  • Article   60 Temporary Safeguard Measures with Regard to Capital Movements, Payments or Transfers 3
  • Chapter   7 Intellectual Property 3
  • Article   61 Objectives 3
  • Section   1 Principles 3
  • Article   62 Nature and Scope of Obligations 3
  • Article   63 Transfer of Technology 3
  • Article   64 Exhaustion 3
  • Section   2 Standards Concerning Intellectual Property Rights 3
  • COPYRIGHT AND RELATED RIGHTS 3
  • Article   65 Protection Granted 3
  • Article   66 Authors 3
  • Article   67 Performers 3
  • Article   68 Producers of Phonograms 4
  • Article   69 Broadcasting Organisations 4
  • Article   70 Broadcasting and Communication to the Public 4
  • Article   71 Term of Protection 4
  • Article   72 Protection of Technological Measures 4
  • Article   73 Protection of Rights-management Information 4
  • Article   74 Exceptions and Limitations 4
  • Article   75 Resale Right 4
  • Article   76 Cooperation on Collective Management of Rights 4
  • TRADEMARKS 4
  • Article   77 International Agreements 4
  • Article   78 Registration Procedure 4
  • Article   79 Well-known Trademarks 4
  • Article   80 Exceptions to the Rights Conferred by a Trademark 4
  • GEOGRAPHICAL INDICATIONS 4
  • Article   81 Definition 4
  • Article   82 Principles of the Protection of Geographical Indications 4
  • Article   83 Negotiations 4
  • DESIGNS 4
  • Article   84 International Agreements 4
  • Article   85 Requirements for Protection of Registered Designs 4
  • Article   86 Rights Conferred by Registration 4
  • Article   87 Protection Conferred to Unregistered Designs 4
  • Article   88 Term of Protection 4
  • Article   89 Exceptions 4
  • Article   90 Relationship to Copyright 4
  • PATENTS 4
  • Article   91 International Agreements 4
  • Article   92 Patents and Public Health 4
  • Article   93 Supplementary Protection Certificates 4
  • Article   94 Protection of Data Submitted to Obtain an Authorisation to Put a Pharmaceutical Product on the Market  (1) 4
  • Article   95 Data Protection on Plant Protection Products and Rules on Avoidance of Duplicative Testing 4
  • Article   96 Plant Varieties 4
  • Section   3 Enforcement of Intellectual Property Rights 4
  • Article   97 General Obligations 4
  • Article   98 Entitled Applicants 4
  • Article   99 Evidence 4
  • Article   100 Measures for Preserving Evidence 5
  • Article   101 Right of Information 5
  • Article   102 Provisional and Precautionary Measures 5
  • Article   103 Corrective Measures 5
  • Article   104 Injunctions 5
  • Article   105 Alternative Measures 5
  • Article   106 Damages 5
  • Article   107 Legal Costs 5
  • Article   108 Publication of Judicial Decisions 5
  • Article   109 Presumption of Authorship or Ownership 5
  • Article   110 Administrative Procedures 5
  • Article   111 Border Measures 5
  • Section   4 Liability of Intermediary Service Providers 5
  • Article   112 Use of Intermediaries' Services 5
  • Article   113 Liability of Intermediary Service Providers: ‘mere Conduit' 5
  • Article   114 Liability of Intermediary Service Providers: ‘caching' 5
  • Article   115 Liability of Intermediary Service Providers: ‘hosting' 5
  • Article   116 No General Obligation to Monitor 5
  • Article   117 Date of Application of Articles 112 to 116 5
  • Article   118 Cooperation 5
  • Chapter   8 Government Procurement 5
  • Article   119 Definitions 5
  • Article   120 Scope and Coverage 5
  • Article   121 General Exceptions 6
  • Article   122 General Principles 6
  • Article   123 Information on the Procurement System 6
  • Article   124 Notices 6
  • Article   125 Conditions for Participation 6
  • Article   126 Qualification of Suppliers 6
  • Article   127 Technical Specifications and Tender Documentation 6
  • Article   128 Time Periods 7
  • Article   129 Negotiation 7
  • Article   130 Limited Tendering 7
  • Article   131 Electronic Auctions 7
  • Article   132 Treatment of Tenders and Awarding of Contracts 7
  • Article   133 Transparency of Procurement Information 7
  • Article   134 Disclosure of Information 7
  • Article   135 Domestic Review Procedures 7
  • Article   136 Modifications and Rectifications to Coverage 7
  • Article   137 Transitional Period 8
  • Chapter   9 Raw Materials and Energy 8
  • Article   138 Definitions 8
  • Article   139 Price Regulation 8
  • Article   140 Trading and Export Monopolies 8
  • Article   141 Access and Rights to Prospect, Explore and Produce Hydrocarbons (crude Oil and Natural Gas) 8
  • Article   142 Conditions for Investment In Raw Materials and Energy Goods 8
  • Article   143 Transit 8
  • Article   144 Interruption 8
  • Article   145 Access to High-voltage Electric Energy Transmission Grids and Lines 8
  • Article   146 Regulatory Authorities for Electricity and Gas 8
  • Article   147 Renewable Energy Sector 8
  • Article   148 Cooperation In Raw Materials and Energy Goods 8
  • Article   149 Early Warning Mechanism 8
  • Article   150 Exceptions 8
  • Chapter   10 Trade and Sustainable Development 8
  • Article   151 Context and Objectives 8
  • Article   152 Multilateral Environmental and Labour Standards and Agreements 8
  • Article   153 Right to Regulate and Levels of Protection 8
  • Article   154 Trade and Investment Promoting Sustainable Development 8
  • Article   155 Dispute Settlement 8
  • Chapter   11 Competition 8
  • Article   156 Principles 8
  • Article   157 Antitrust and Mergers Legislation and Its Implementation 8
  • Article   158 State Monopolies, State Enterprises and Enterprises Entrusted with Special or Exclusive Rights or Privileges 8
  • Article   159 Subsidies 8
  • Article   160 Dispute Settlement 9
  • Article   161 Relationship with the WTO 9
  • Article   162 Confidentiality 9
  • Chapter   12 State-owned Enterprises, State-controlled Enterprises and Enterprises Granted Special or Exclusive Rights or Privileges 9
  • Article   163 Definitions 9
  • Article   164 Scope 9
  • Article   165 9
  • Article   166 Non-discrimination 9
  • Article   167 Commercial Considerations 9
  • Article   168 Pricing 9
  • Article   169 Corporate Governance 9
  • Article   170 Exchange of Information 9
  • Chapter   13 Transparency 9
  • Article   171 9
  • Chapter   14 Dispute Settlement 9
  • Section   1 Objective and Scope 9
  • Article   172 Objective 9
  • Article   173 Scope of Application 9
  • Section   2 Consultations and Mediation 9
  • Article   174 Consultations 9
  • Article   175 Mediation 9
  • Section   3 Dispute Settlement Procedures 9
  • Subsection   1 Arbitration Procedure 9
  • Article   176 Initiation of the Arbitration Procedure 9
  • Article   177 Establishment of the Arbitration Panel 9
  • Article   178 Preliminary Ruling on Urgency 9
  • Article   179 Conciliation for Urgent Energy Disputes 9
  • Article   180 Reports of the Arbitration Panel 9
  • Article   181 Interim Report of the Arbitration Panel 9
  • Article   182 Final Report of the Arbitration Panel 9
  • Subsection   2 Compliance 9
  • Article   183 Compliance with the Final Report of the Arbitration Panel 9
  • Article   184 Reasonable Period of Time for Compliance 9
  • Article   185 Review of Any Measure Taken to Comply with the Final Report of the Arbitration Panel 9
  • Article   186 Temporary Remedies In Case of Non-compliance 9
  • Article   187 Review of Any Measure Taken to Comply after the Adoption of Temporary Remedies for Non-compliance 9
  • Article   188 Remedies for Urgent Energy Disputes 9
  • Subsection   3 Common Provisions 9
  • Article   189 Replacement of Arbitrators 9
  • Article   190 Suspension and Termination of Arbitration and Compliance Procedures 9
  • Article   191 Mutually Agreed Solution 9
  • Article   192 Rules of Procedure 9
  • Article   193 Information and Technical Advice 9
  • Article   194 Rules of Interpretation 9
  • Article   195 Decisions and Reports of the Arbitration Panel 9
  • Section   4 General Provisions 10
  • Article   196 Lists of Arbitrators 10
  • Article   197 Relation with Wto Obligations 10
  • Article   198 Time Limits 10
  • Title   IV Cooperation In the Area of Economic and Sustainable Development 10
  • Chapter   1 Economic Dialogue 10
  • Article   199 10
  • Article   200 10
  • Chapter   2 Cooperation In Public Finance Management, Including Public Audit and Internal Control 10
  • Article   201 10
  • Chapter   3 Cooperation In the Area of Taxation 10
  • Article   202 10
  • Chapter   4 Cooperation In the Area of Statistics 10
  • Article   203 10
  • Chapter   5 Cooperation In the Area of Energy 10
  • Article   204 10
  • Article   205 10
  • Article   206 Hydrocarbon Energy 10
  • Article   207 Renewable Energy Sources 10
  • Article   208 Energy Efficiency and Energy Savings 10
  • Chapter   6 Cooperation In the Area of Transport 10
  • Article   209 10
  • Article   210 10
  • Article   211 10
  • Chapter   7 Cooperation In the Area of Environment 10
  • Article   212 10
  • Article   213 10
  • Article   214 10
  • Chapter   8 Cooperation In the Area of Climate Change 10
  • Article   215 10
  • Article   216 10
  • Article   217 10
  • Chapter   9 Cooperation In the Area of Industry 10
  • Article   218 10
  • Chapter   10 Cooperation In the Area of Small and Medium-sized Enterprises 10
  • Article   219 10
  • Chapter   11 Cooperation In the Area of Company Law 10
  • Article   220 10
  • Chapter   12 Cooperation In the Area of Banking, Insurance and other Financial Services 11
  • Article   221 11
  • Chapter   13 Cooperation In the Area of Information Society 11
  • Article   222 11
  • Article   223 11
  • Article   224 11
  • Chapter   14 Cooperation In the Area of Tourism 11
  • Article   225 11
  • Article   226 11
  • Article   227 11
  • Chapter   15 Cooperation In the Area of Agriculture and Rural Development 11
  • Article   228 11
  • Article   229 11
  • Chapter   16 Cooperation on Employment, Labour Relations, Social Policy and Equal Opportunities 11
  • Article   230 11
  • Article   231 11
  • Article   232 11
  • Chapter   17 Cooperation In the Area of Health 11
  • Article   233 11
  • Article   234 11
  • Title   V Cooperation In the Area of Freedom, Security and Justice 11
  • Article   235 Rule of Law and Respect for Human Rights and Fundamental Freedoms 11
  • Article   236 Legal Cooperation 11
  • Article   237 Protection of Personal Data 11
  • Article   238 Cooperation on Migration, Asylum and Border Management 11
  • Article   239 Consular Protection 11
  • Article   240 Combating Money Laundering and Financing of Terrorism 11
  • Article   241 Illicit Drugs 11
  • Article   242 Fight Against Organised and Transnational Crime and Corruption 11
  • Article   243 Fight Against Cybercrime 11
  • Title   VI Other Cooperation Policies 11
  • Chapter   1 Cooperation on Education and Training 11
  • Article   244 11
  • Chapter   2 Cooperation In the Field of Culture 11
  • Article   245 11
  • Chapter   3 Cooperation In Research and Innovation 11
  • Article   246 11
  • Article   247 11
  • Article   248 11
  • Chapter   4 Cooperation In the Media and Audiovisual Fields 11
  • Article   249 11
  • Article   250 11
  • Chapter   5 Civil Society Cooperation 11
  • Article   251 The Parties Shall Continue and Strengthen Their Dialogue, In the Form of Meetings and Consultations, and Shall Cooperate 11
  • Chapter   6 Cooperation In the Field of Sport and Physical Activity 12
  • Article   252 12
  • Chapter   7 Cooperation In the Area of Civil Protection 12
  • Article   253 12
  • Chapter   8 Cooperation In Space Activities 12
  • Article   254 12
  • Article   255 12
  • Chapter   9 Cooperation In the Area of Consumer Protection 12
  • Article   256 12
  • Chapter   10 Regional Cooperation 12
  • Article   257 12
  • Article   258 12
  • Article   259 12
  • Chapter   11 Cooperation In the Field of Civil Service 12
  • Article   260 12
  • Title   VII Financial and Technical Cooperation 12
  • Article   261 12
  • Article   262 12
  • Article   263 12
  • Article   264 Prevention 12
  • Article   265 Communication 12
  • Article   266 On-the-spot Inspections 12
  • Article   267 Investigation and Prosecution 12
  • Title   VIII Institutional Framework 12
  • Article   268 Cooperation Council 12
  • Article   269 Cooperation Committee and Specialised Subcommittees 12
  • Article   270 Parliamentary Cooperation Committee 12
  • Title   IX General and Final Provisions 12
  • Article   271 Access to Courts and Administrative Organs 12
  • Article   272 Delegation of Authority 12
  • Article   273 Restrictions In Case of Balance-of-payments and External Financial Difficulties 12
  • Article   274 Measures Related to Essential Security Interests 12
  • Article   275 Non-discrimination 12
  • Article   276 Taxation 12
  • Article   277 Fulfilment of Obligations 12
  • Article   278 Dispute Settlement 12
  • Article   279 Appropriate Measures In Case of Non-fulfilment of Obligations 13
  • Article   280 Public Access to Official Documents 13
  • Article   281 Entry Into Force, Provisional Application, Duration and Termination 13
  • Article   282 13
  • Article   283 13
  • Article   284 Annexes and Protocols 13
  • Article   285 Definition of the Parties 13
  • Article   286 Territorial Application 13
  • Article   287 Authentic Texts 13
  • ANNEX I  RESERVATIONS IN ACCORDANCE WITH ARTICLE 46 13
  • ANNEX II  LIMITATIONS APPLIED BY THE REPUBLIC OF KAZAKHSTAN IN ACCORDANCE WITH ARTICLE 48(2) 13
  • ANNEX V  RULES OF PROCEDURE FOR ARBITRATION UNDER CHAPTER 14 (DISPUTE SETTLEMENT) OF TITLE III (TRADE AND BUSINESS) 13
  • ANNEX VI  CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS UNDER CHAPTER 14 (DISPUTE SETTLEMENT) OF TITLE III (TRADE AND BUSINESS) 14
  • ANNEX VII  MEDIATION MECHANISM UNDER CHAPTER 14 (DISPUTE SETTLEMENT) OF TITLE III (TRADE AND BUSINESS) 14
  • 1 Objective 14
  • Section   A Procedure Under the Mediation Mechanism 14
  • 2 Request for Information 14
  • 3 Initiation of the Procedure 14
  • 4 Selection of the Mediator 14
  • 5 Rules of the Mediation Procedure 14
  • Section   B Implementation 14
  • 6 Implementation of a Mutually Agreed Solution 14
  • Section   C General Provisions 14
  • 7 Confidentiality and Relationship to Dispute Settlement 14
  • 8 Time Limits 14
  • 9 Costs 15