EU - Kazakhstan EPCA (2015)
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7. Where an individual requirement for a procurement results in the award of more than one contract, or in the award of contracts in separate parts (hereinafter referred to as ‘recurring contracts'), the calculation of the estimated maximum total value shall be based on:

(a) the value of recurring contracts of the same type of good or service awarded during the preceding 12 months or the procuring entity's preceding fiscal year, adjusted, where possible, to take into account anticipated changes in the quantity or value of the good or service being procured over the following 12 months; or

(b) the estimated value of recurring contracts of the same type of good or service to be awarded during the 12 months following the initial contract award or the procuring entity's fiscal year.

8. In the case of procurement by lease, rental or hire purchase of goods or services, or procurement for which a total price is not specified, the basis for valuation shall be:

(a) in the case of a fixed-term contract:

(i) where the term of the contract is 12 months or less, the total estimated maximum value for its duration; or

(ii) where the term of the contract exceeds 12 months, the total estimated maximum value, including any estimated residual value;

(b) where the contract is for an indefinite period, the estimated monthly instalment multiplied by 48; and

(c) where it is not certain whether the contract is to be a fixed-term contract, the basis for valuation under point (b) shall be used.

Article 121. General Exceptions

Subject to the requirement that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between the Parties or a disguised restriction on international trade, nothing in this Chapter shall be construed as preventing a Party from imposing or enforcing measures:

(a) necessary to protect public morals, order or safety;

(b) necessary to protect human, animal or plant life or health;

(c) necessary to protect intellectual property; or

(d) relating to goods or services of persons with disabilities, philanthropic institutions or prison labour.

Article 122. General Principles

Non-discrimination

1. With respect to any measure regarding covered procurement, each Party, including its procuring entities, shall unconditionally accord, to the goods and services of the other Party and to the suppliers of the other Party offering such goods or services, treatment no less favourable than the treatment the Party, including its procuring entities, accords to its own goods, services and locally established suppliers.

2. With respect to any measure regarding covered procurement, a Party, including its procuring entities, shall not:

(a) treat a locally established supplier less favourably than another locally established supplier on the basis of the degree of foreign affiliation or ownership; or

(b) discriminate against a locally established supplier on the basis that the goods or services offered by that supplier for a particular procurement are goods or services of the other Party.

Use of Electronic Means

3. When conducting covered procurement by electronic means, a procuring entity shall:

(a) ensure that the procurement is conducted using information technology systems and software, including those related to authentication and encryption of information, that are generally available and interoperable with other generally available information technology systems and software; and

(b) maintain mechanisms that ensure the integrity of requests for participation and tenders, including establishment of the time of receipt and the prevention of inappropriate access.

Conduct of Procurement

4. A procuring entity shall conduct covered procurement in a transparent and impartial manner that:

(a) is consistent with this Chapter, using methods such as open tendering, selective tendering, limited tendering and electronic auctions;

(b) avoids conflicts of interest; and

(c) prevents corrupt practices.

Rules of Origin

5. A Party shall not, for the purposes of covered procurement, apply rules of origin to goods or services imported from or supplied from the other Party that are different from the rules of origin the Party applies at the same time in the normal course of trade to imports or supplies of the same goods or services from the same Party.

Measures Not Specific to Procurement

6. Paragraphs 1 and 2 shall not apply to: customs duties and charges of any kind imposed on, or in connection with, importation; the method of levying such duties and charges; other import regulations or formalities and measures affecting trade in services other than measures governing covered procurement.

Article 123. Information on the Procurement System

1. Each Party shall:

(a) promptly publish any law, regulation, judicial decision, administrative ruling of general application, standard contract clause mandated by law or regulation and incorporated by reference in notices or tender documentation and procedure regarding covered procurement, and any modifications thereof, in an officially designated electronic or paper medium that is widely disseminated and remains readily accessible to the public; and

(b) provide an explanation thereof to the other Party, on request.

2. Part 1 of Annex IV lists:

(a) the electronic or paper media in which each Party publishes the information described in paragraph 1 of this Article;

(b) the electronic or paper media in which each Party publishes the notices required by Article 124, Article 126(7) and Article 133(2); and

(c) the website address or addresses where each Party publishes its notices concerning awarded contracts pursuant to Article 133(2).

3. Each Party shall promptly notify the Cooperation Committee of any modification to the Party's information listed

In Part 1 of Annex IV. The Cooperation Committee shall regularly adopt decisions reflecting the modifications to Part 1 of Annex IV.

Article 124. Notices

Notice of Intended Procurement

1. For each covered procurement, a procuring entity shall publish a notice of intended procurement in the appropriate paper or electronic medium listed in Part 2 of Annex IV, except in the circumstances described in Article 130. Such medium shall be widely disseminated and such notices shall remain readily accessible to the public, at least until expiration of the time period indicated in the notice. The notices shall, for procuring entities covered under Parts 1, 2 or 3 of Annex III, be accessible by electronic means free of charge through a single point of access, for at least any minimum period of time specified in Part 2 of Annex IV.

2. Except as otherwise provided for in this Chapter, each notice of intended procurement shall include:

(a) the name and address of the procuring entity and other information necessary to contact the procuring entity and obtain all relevant documents relating to the procurement, and their cost and terms of payment, if any;

(b) a description of the procurement, including the nature and the quantity of the goods or services to be procured or, where the quantity is not known, the estimated quantity;

(c) for recurring contracts, an estimate, if possible, of the timing of subsequent notices of intended procurement;

(d) a description of any options;

(e) the time frame for delivery of goods or services or the duration of the contract;

(f) the procurement method that will be used and whether it will involve negotiation or electronic auction;

(g) where applicable, the address and any final date for the submission of requests for participation in the procurement;

(h) the address and the final date for the submission of tenders;

(i) the language or languages in which tenders or requests for participation may be submitted, if they may be submitted in a language other than an official language of the Party of the procuring entity;

(j) a list and brief description of any conditions for participation of suppliers, including any requirements for specific documents or certifications to be provided by suppliers in connection therewith, unless such requirements are included in tender documentation that is made available to all interested suppliers at the same time as the notice of intended procurement; and

(k) where, pursuant to Article 126, a procuring entity intends to select a limited number of qualified suppliers to be invited to tender, the criteria that will be used to select them and, where applicable, any limitation on the number of suppliers that will be permitted to tender.

Summary Notice

3. For each case of intended procurement, a procuring entity shall publish a summary notice that is readily accessible, at the same time as the publication of the notice of intended procurement, in English or French. The summary notice shall contain at least the following information:

(a) the subject matter of the procurement;

(b) the final date for the submission of tenders or, where applicable, any final date for the submission of requests for participation in the procurement or for inclusion on a multi-use list; and

(c) the address from which documents relating to the procurement may be requested.

Notice of Planned Procurement

4. Procuring entities are encouraged to publish in the appropriate paper or electronic medium listed in Part 2 of Annex IV, as early as possible in each fiscal year, a notice regarding their future procurement plans (hereinafter referred to as ‘notice of planned procurement'). The notice of planned procurement should include the subject matter of the procurement and the planned date of the publication of the notice of intended procurement.

5. A procuring entity covered under Part 3 of Annex III may use a notice of planned procurement as a notice of intended procurement provided that the notice of planned procurement includes as much of the information referred to in paragraph 2 of this Article as is available to the entity and a statement that interested suppliers should express their interest in the procurement to the procuring entity.

Article 125. Conditions for Participation

1. A procuring entity shall limit any conditions for participation in a procurement to those that are essential to ensure that a supplier has the legal and financial capacities and the commercial and technical abilities to undertake the relevant procurement.

2. In establishing the conditions for participation, a procuring entity:

(a) shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by a procuring entity of a Party;

(b) may require relevant prior experience where essential to meet the requirements of the procurement; and

(c) shall not impose the condition that, in order for a supplier of a Party to participate in a procurement or be awarded a contract, the supplier has previously been awarded one or more contracts by a procuring entity of the other Party or that the supplier has prior experience in the territory of that Party, except when prior experience is essential to meet the requirements of the procurement.

3. In assessing whether a supplier satisfies the conditions for participation, a procuring entity shall:

(a) evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's business activities both inside and outside the territory of the Party of the procuring entity; and

(b) base its evaluation on the conditions that the procuring entity has specified in advance in notices or tender documentation.

4. Where there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on grounds

Such as:

(a) bankruptcy;

(b) false declarations;

(c) significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract or contracts;

(d) final judgments in respect of serious crimes or other serious offences;

(e) professional misconduct or acts or omissions that adversely reflect on the commercial integrity of the supplier; or

(f) failure to pay taxes.

Article 126. Qualification of Suppliers

Registration Systems and Qualification Procedures

1. A Party, including its procuring entities, may maintain a supplier registration system under which interested suppliers are required to register and provide certain information.

2. Each Party shall ensure that:

(a) its procuring entities make efforts to minimise differences in their qualification procedures; and

(b) where its procuring entities maintain registration systems, the entities make efforts to minimise differences in their registration systems.

3. A Party, including its procuring entities, shall not adopt or apply any registration system or qualification procedure with the purpose or the effect of creating unnecessary obstacles to the participation of suppliers of the other Party in its procurement.

Selective Tendering

4. Where a procuring entity intends to use selective tendering, the entity shall:

(a) include in the notice of intended procurement at least the information specified in Article 124(2)(a), (b), (f), (g), (j) and (k) and invite suppliers to submit a request for participation; and

(b) provide, by the commencement of the time period for tendering, at least the information in Article 124(2)(c), (d), (e),

(h) and (i) to the qualified suppliers that it notifies as specified in Article 128(3)(b).

5. A procuring entity shall allow all qualified suppliers to participate in a particular procurement, unless the procuring entity states in the notice of intended procurement any limitation on the number of suppliers that will be permitted to tender and the criteria for selecting the limited number of suppliers. 6

6. Where the tender documentation is not made publicly available from the date of publication of the notice referred to in paragraph 4, a procuring entity shall ensure that those documents are made available at the same time to all the qualified suppliers selected in accordance with paragraph 5.

4. Multi-Use Lists

7. A procuring entity may maintain a multi-use list of suppliers, provided that a notice inviting interested suppliers to apply for inclusion on the list is:

(a) published annually; and

(b) where published by electronic means, made available continuously, in the appropriate medium listed in Part 2 of Annex IV.

8. The notice provided for in paragraph 7 shall include:

(a) a description of the goods or services, or categories thereof, for which the list may be used;

(b) the conditions for participation to be satisfied by suppliers for inclusion on the list and the methods that the procuring entity will use to verify that a supplier satisfies the conditions;

(c) the name and address of the procuring entity and other information necessary to contact the entity and obtain all relevant documents relating to the list;

(d) the period of validity of the list and the means for its renewal or termination, or where the period of validity is not provided, an indication of the method by which notice of the termination of use of the list will be given;

(e) an indication that the list may be used for procurement covered by this Chapter.

9. Notwithstanding paragraph 7, where a multi-use list will be valid for three years or less, a procuring entity may publish the notice referred to in paragraph 7 only once, at the beginning of the period of validity of the list, provided that the notice:

(a) states the period of validity and that further notices will not be published; and

(b) is published by electronic means and is made available continuously during the period of its validity.

10. A procuring entity shall allow suppliers to apply at any time for inclusion on a multi-use list and shall include on the list all qualified suppliers within a reasonably short time.

11. Where a supplier that is not included on a multi-use list submits a request for participation in a procurement based on a multi-use list and all required documents, within the time period provided for in Article 128(2), a procuring entity shall examine the request. The procuring entity shall not exclude the supplier from consideration in respect of the procurement on the grounds that the entity has insufficient time to examine the request, unless, in exceptional cases, due to the complexity of the procurement, the entity is not able to complete the examination of the request within the time period allowed for the submission of tenders.

Entities covered under Part 3 of Annex III

12. A procuring entity covered under Part 3 of Annex III may use a notice inviting suppliers to apply for inclusion on a multi-use list as a notice of intended procurement, provided that:

(a) the notice is published in accordance with paragraph 7 of this Article and includes the information required under paragraph 8 of this Article, as much of the information required under Article 124(2) as is available and a statement that it constitutes a notice of intended procurement or that only the suppliers on the multi-use list will receive further notices of procurement covered by the multi-use list; and

(b) the entity promptly provides, to suppliers that have expressed an interest in a given procurement to the entity, sufficient information to permit them to assess their interest in the procurement, including all remaining information required in Article 124(2), to the extent such information is available.

13. A procuring entity covered under Part 3 of Annex III may allow a supplier that has applied for inclusion on a multi-use list in accordance with paragraph 10 of this Article to tender in a given procurement, where there is sufficient time for the procuring entity to examine whether the supplier satisfies the conditions for participation.

Information on Procuring Entity Decisions

14. A procuring entity shall promptly inform any supplier that submits a request for participation in a procurement or application for inclusion on a multi-use list of the procuring entity's decision with respect to the request or application.

15. Where a procuring entity rejects a supplier's request for participation in a procurement or application for inclusion on a multi-use list, ceases to recognise a supplier as qualified, or removes a supplier from a multi-use list, the entity shall promptly inform the supplier and, on request of the supplier, promptly provide the supplier with a written explanation of the reasons for its decision.

Article 127. Technical Specifications and Tender Documentation

Technical Specifications

1. A procuring entity shall not prepare, adopt or apply any technical specification or prescribe any conformity assessment procedure with the purpose or the effect of creating unnecessary obstacles to international trade.

The technical specifications must allow equal access of suppliers and must not have the effect of creating unjustified obstacles to the opening of procurement markets to competition.

2. In prescribing the technical specifications for the goods or services being procured, a procuring entity shall, where appropriate:

(a) set out the technical specification in terms of performance and functional requirements, rather than design or descriptive characteristics; and

(b) base the technical specification on international standards, where such exist; otherwise, on national technical regulations, recognised national standards or building codes.

3. Where design or descriptive characteristics are used in the technical specifications, a procuring entity should indicate, where appropriate, that it will consider tenders of equivalent goods or services that demonstrably fulfil the requirements of the procurement by including words such as ‘or equivalent' in the tender documentation.

4. A procuring entity shall not prescribe technical specifications that require or refer to a particular trademark or trade name, patent, copyright, design, type, specific origin, producer or supplier, unless there is no other sufficiently precise or intelligible way of describing the procurement requirements and provided that, in such cases, the entity includes words such as ‘or equivalent' in the tender documentation.

5. A procuring entity shall not seek or accept, in a manner that would have the effect of precluding competition, advice that may be used in the preparation or adoption of any technical specification for a specific procurement from a person that may have a commercial interest in the procurement.

6. For greater certainty, a Party, including its procuring entities, may, in accordance with this Article, prepare, adopt or apply technical specifications to promote the conservation of natural resources or protect the environment.

Tender Documentation

7. A procuring entity shall make available to suppliers tender documentation that includes all information necessary to permit suppliers to prepare and submit responsive tenders. Unless already provided in the notice of intended procurement, such documentation shall include a complete description of:

(a) the procurement, including the nature and the quantity of the goods or services to be procured or, where the quantity is not known, the estimated quantity and any requirements to be fulfilled, including any technical specifications, conformity assessment certification, plans, drawings or instructional materials;

(b) any conditions for participation of suppliers, including a list of information and documents that suppliers are required to submit in connection with the conditions for participation;

(c) all evaluation criteria the entity will apply in the awarding of the contract, and, except where price is the sole criterion, the relative importance of such criteria;

(d) where the procuring entity will conduct the procurement by electronic means, any authentication and encryption requirements or other requirements related to the submission of information by electronic means;

(e) where the procuring entity will hold an electronic auction, the rules, including identification of the elements of the tender related to the evaluation criteria, on which the auction will be conducted;

(f) where there will be a public opening of tenders, the date, time and place for the opening and, where appropriate, the persons authorised to be present;

(g) any other terms or conditions, including terms of payment and any limitation on the means by which tenders may be submitted, such as whether in paper format or by electronic means; and

(h) any dates for the delivery of goods or the supply of services.

8. In establishing any date for the delivery of goods or the supply of services being procured, a procuring entity shall take into account such factors as the complexity of the procurement, the extent of subcontracting anticipated and the realistic time required for production, de-stocking and transport of goods from the point of supply or for supply of services.

9. The evaluation criteria set out in the notice of intended procurement or tender documentation may include, among others, price and other cost factors, quality, technical merit, environmental characteristics and terms of delivery.

10. A procuring entity shall promptly:

(a) make available tender documentation to ensure that interested suppliers have sufficient time to submit responsive tenders;

(b) provide, on request, the tender documentation to any interested supplier; and

(c) reply to any reasonable request for relevant information by any interested or participating supplier, provided that such information does not give that supplier an advantage over other suppliers.

Modifications

11. Where, prior to the award of a contract, a procuring entity modifies the criteria or requirements set out in the notice of intended procurement or tender documentation provided to participating suppliers, or amends or reissues a notice or tender documentation, it shall transmit in writing all such modifications or amended or re-issued notice or tender documentation:

  • 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