Article 75.
In order to permit optimum use of the resources available, the Parties shall ensure that Community technical assistance contributions are made in close coordination with those from other sources such as the Member States, other countries, and international organizations such as the International Bank for Reconstruction and Development and the European Bank for Reconstruction and Development.
Article 76.
A Cooperation Council is hereby established which shall supervise the implementation of this Agreement. It shall meet at ministerial level once a year. It shall examine any major issues arising within the framework of the Agreement and any other bilateral or international issues of mutual interest for the purpose of attaining the objectives of this Agreement. The Cooperation Council may also make appropriate recommendations, by agreement between the two Parties.
Article 77.
1. The Cooperation Council shall consist of the members of the Council of the European Union and members of the Commission of the European Communities, on the one hand, and of members of the Government of the Republic of Kazakhstan, on the other.
2. The Cooperation Council shall establish its rules of procedure.
3. The office of President of the Cooperation Council shall be held alternately by a representative of the Community and by a member of the Government of the Republic of Kazakhstan.
Article 78.
1. The Cooperation Council shall be assisted in the performance of its duties by a Cooperation Committee composed of representatives of the members of the Council of the European Union and of members of the Commission of the European Communities on the one hand and of representatives of the Government of the Republic of Kazakhstan on the other, normally at senior civil servant level. The office of President of the Cooperation Committee shall be held alternately by the Community and by the Republic of Kazakhstan.
In its rules of procedure the Cooperation Council shall determine the duties of the
Cooperation Committee, which shall include the preparation of meetings of the Cooperation
Council, and how the Committee shall function.
2. The Cooperation Council may delegate any of its powers to the Cooperation Committee, which will ensure continuity between meetings of the Cooperation Council.
Article 79.
The Cooperation Council may decide to set up any other special committee or body that can assist it in carrying out its duties and shall determine the composition and duties of such committees or bodies and how they shall function.
Article 80.
When examining any issue arising within the framework of this Agreement in relation to a provision referring to an Article of the GATT, the Cooperation Council shall take into account to the greatest extent possible the interpretation that is generally given to the Article of the GATT in question by the Contracting Parties to the GATT.
Article 81.
A Parliamentary Cooperation Committee is hereby established. It shall be a forum for Members of the Kazakh Parliament and the European Parliament to meet and exchange views. It shall meet at intervals which it shall itself determine.
Article 82.
1. The Parliamentary Cooperation Committee shall consist of members of the European Parliament, on the one hand, and of members of the Kazakh Parliament, on the other.
2. The Parliamentary Cooperation Committee shall establish its rules of procedure.
3. The Parliamentary Cooperation Committee shall be presided in turn by the European Parliament and the Kazakh Parliament respectively, in accordance with the provisions to be laid down in its rules of procedure.
Article 83.
The Parliamentary Cooperation Committee may request relevant information regarding the implementation of this Agreement from the Cooperation Council, which shall then supply the Committee with the requested information.
The Parliamentary Cooperation Committee shall be informed of the recommendations of the Cooperation Council.
The Parliamentary Cooperation Committee may make recommendations to the Cooperation Council.
Article 84.
1. Within the scope of this Agreement, each Party undertakes to ensure that natural and legal persons of the other Party have access free of discrimination in relation to its own nationals to the competent courts and administrative organs of the Parties to defend their individual rights and their property rights, including those concerning intellectual, industrial and commercial property.
2. Within the limits of their respective powers and competences, the Parties:
- Shall encourage the adoption of arbitration for the settlement of disputes arising out of commercial and cooperation transactions concluded by economic operators of the Community and those of the Republic of Kazakhstan;
- Agree that where a dispute is submitted to arbitration, each party to the dispute may,
Except where the rules of the arbitration centre chosen by the parties provide otherwise, choose its own arbitrator, irrespective of his nationality, and that the presiding third arbitrator or the sole arbitrator may be a citizen of a third State;
- Will recommend their economic operators to choose by mutual consent the law applicable to their contracts;
- Shall encourage recourse to the arbitration rules elaborated by the United Nations Commission on International Trade Law (Uncitral) and to arbitration by any centre of a State signatory to the Convention on Recognition and Enforcement of Foreign Arbitral Awards done at New York on 10 June 1958.
Article 85.
Nothing in the Agreement shall prevent a Party from taking any measures:
- Which it considers necessary to prevent the disclosure of information contrary to its essential security interests;
- Which relate to the production of, or trade in arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes;
- Which it considers essential to its own security in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security;
- Which it considers necessary to respect its international obligations and commitments in the control of dual use industrial goods and technology.
Article 86.
1. In the fields covered by this Agreement and without prejudice to any special provisions contained therein:
- The arrangements applied by the Republic of Kazakhstan in respect of the Community shall not give rise to any discrimination between the Member States, their nationals or their companies or firms;
- The arrangements applied by the Community in respect of the Republic of Kazakhstan shall not give rise to any discrimination between Kazakh nationals, or its companies or firms.
2. The provisions of paragraph 1 are without prejudice to the right of the Parties to apply the relevant provisions of their fiscal legislation to tax payers who are not in identical situations as regards their place of residence.
Article 87.
1. Each of the two Parties may refer to the Cooperation Council any dispute relating to the application or interpretation of this Agreement.
2. The Cooperation Council may settle the dispute by means of a recommendation.
3. In the event of it not being possible to settle the dispute in accordance with paragraph 2 of this Article, either Party may notify the other of the appointment of a conciliator; the other Party must then appoint a second conciliator within two months. For the application of this procedure, the Community and the Member States shall be deemed to be one Party to the dispute.
The Cooperation Council shall appoint a third conciliator.
The conciliators' recommendations shall be taken by majority vote. Such recommendations shall not be binding upon the Parties.
Article 88.
The Parties agree to consult promptly through appropriate channels at the request of either Party to discuss any matter concerning the interpretation or implementation of this Agreement and other relevant aspects of the relations between the Parties.
The provisions of this Article shall in no way affect and are without prejudice to Articles 13, 87 and 93.
Article 89.
Treatment granted to the Republic of Kazakhstan hereunder shall in no case be more favourable than that granted by the Member States to each other.
Article 90.
For the purposes of this Agreement, the term "Parties" shall mean the Republic of Kazakhstan on the one part, and the Community, or the Member States, or the Community and the Member States, in accordance with their respective powers, on the other part.
Article 91.
Insofar as matters covered by this Agreement are covered by the Energy Charter Treaty and Protocols thereto, such Treaty and Protocols shall upon entry into force apply to such matters but only to the extent that such application is provided for therein.
Article 92.
This Agreement is concluded for an initial period of ten years after which time the Agreement shall be automatically renewed year by year provided that neither Party gives the other Party written notice of denunciation of the Agreement six months before it expires.
Article 93.
1. The Parties shall take any general or specific measures required to fulfil their obligations under the Agreement. They shall see to it that the objectives set out in the Agreement are attained.
2. If either Party considers that the other Party has failed to fulfil an obligation under the Agreement, it may take appropriate measures. Before so doing, except in cases of special urgency, it shall supply the Cooperation Council with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties.
In the selection of these measures, priority must be given to those which least disturb the functioning of the Agreement. These measures shall be notified immediately to the Cooperation Council if the other Party so requests.
Article 94.
Annexes I, II and III together with the Protocol shall form an integral part of this Agreement.
Article 95.
This Agreement shall not, until equivalent rights for individuals and economic operators have been achieved hereunder, affect rights assured to them through existing Agreements binding one or more Member States, on the one hand, and the Republic of Kazakhstan, on the other, except in areas falling within Community competence and without prejudice to the obligations of Member States resulting from this Agreement in areas falling within their competence.
Article 96.
This Agreement shall apply, on the one hand, to the territories in which the Treaties establishing the European Community, the European Coal and Steel Community and the European Atomic Energy Community are applied and under the conditions laid down in those Treaties and, on the other hand, to the territory of the Republic of Kazakhstan.
Article 97.
The Secretary-General of the Council of the European Union shall be the depositary of this Agreement.
Article 98.
The original of this Agreement, of which the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Kazakh languages are equally authentic, shall be deposited with the Secretary-General of the Council of the European Union.
Article 99.
This Agreement will be approved by the Parties in accordance with their own procedures.
This Agreement shall enter into force on the first day of the second month following the date on which the Parties notify the Secretary-General of the Council of the European Union that the procedures referred to in the first paragraph have been completed.
Upon its entry into force, and as far as relations between the Republic of Kazakhstan and the Community are concerned, this Agreement shall replace the Agreement between the European Economic Community, the European Atomic Energy Community and the Union of Soviet Socialist Republics on trade and economic and commercial cooperation signed in Brussels on 18 December 1989.
Article 100.
In the event that, pending the completion of the procedures necessary for the entry into force of this agreement, the provisions of certain parts of this agreement are put into effect in 1994 by means of an interim agreement between the community and the republic of kazakhstan, the contracting parties agree that, in such circumstances, the term date of entry into force of the agreement shall mean the date of entry into force of the interim agreement list of Documents attached
Attachments
Indicative list of advantages granted by the Republic of Kazakhstan to the Independent States in accordance with Article 8(3).
Community reservations in accordance with Article 23(1)(b).
Intellectual, industrial and commercial property conventions referred to in Article 42.
Protocol on mutual assistance between administrative authorities in customs matters.
1. Armenia, Belarus, Estonia, Georgia, Lithuania, Moldova, Ukraine, Turkmenistan, Russia:
- No import duties are implemented.
- No export duties are implemented as regards goods delivered under clearing and interstate agreements within the volumes stipulated in these agreements.
- No VAT is applied on export and import. No excise is applied on export.
- All Independent States:
- Export quotas for deliveries of products under annual interstate trade and cooperation agreements are opened in the same way as for deliveries for state needs.
2. Armenia, Belarus, Estonia, Georgia, Lithuania, Moldova, Ukraine, Turkmenistan:
Payments could be made in roubles.
Russia:
Payments could be made in roubles or tenge.
All Independent States:
Special system of non-commercial operations, including payments resulting from these operations.
3. All Independent States:
Special system of current payments.
4. All Independent States:
Special price system in trade with some raw materials and semi-finished products.
5. All Independent States:
Special conditions of transit.
6. All Independent States:
Special conditions of customs procedures.
Mining
In some Member States, a concession may be required for mining and mineral rights for non-EC controlled companies.
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 Member States of the Community is restricted to fishing vessels flying the flag of a Community Member State and registered in Community territory unless otherwise provided for.
Real estate purchase
In some Member States, the purchase of real estate by non-EC companies is subject to restrictions.
Audiovisual services including radio
National treatment concerning production and distribution, including broadcasting and other forms of transmission to the public, may be reserved to audiovisual works meeting certain origin criteria.
Telecommunications services including mobile and satellite services Reserved services
In some Member States market access concerning complementary services and infrastructures is restricted.
Professional services
Services reserved to natural persons nationals of Member States. Under certain conditions those persons may create companies.
Agriculture
In some Member States national treatment is not applicable to non-EC controlled companies which wish to undertake an agricultural enterprise. The acquisition of vineyards by non-EC controlled companies is subject to notification, or, as necessary, authorization.
News agency services
In some Member States limitations of foreign participation in publishing companies and broadcasting companies.
1. Paragraph 2 of Article 42 concerns the following multilateral conventions:
- Berne Convention for the Protection of Literary and Artistic Works (Paris Act, 1971);
- International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome, 1961);
- Protocol relating to the Madrid Agreement concerning the International Registration of Marks (Madrid, 1989);
- Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks (Geneva 1977 and amended in 1979);
- Budapest Treaty on the International Recognition of the Deposit of Micro Organisms for the purposes of Patent Procedures (1977, modified in 1980);
- International Convention for the Protection of New Varieties of Plants (UPOV) (Geneva Act, 1991);
2. The Cooperation Council may recommend that paragraph 2 of Article 42 shall apply to other multilateral conventions. If problems in the area of intellectual, industrial and commercial property affecting trading conditions were to occur, urgent consultations will be undertaken, at the request of either Party, with a view to reaching mutually satisfactory solutions.
3. The Parties confirm the importance they attach to the obligations arising from the following multilateral conventions:
- Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967 and amended in 1979);
- Madrid Agreement concerning the International Registration of Marks
- (Stockholm Act, 1967 and amended in 1979);
- Patent Cooperation Treaty (Washington, 1970, amended in 1979 and modified in 1984).
4. From the entry into force of this Agreement, the Republic of Kazakhstan shall grant to Community companies and nationals, in respect of the recognition and protection of intellectual, industrial and commercial property, treatment no less favourable than that granted by it to any third country under bilateral agreements.
5. The provisions of paragraph 4 shall not apply to advantages granted by the Republic of Kazakhstan to any third country on an effective reciprocal basis and to advantages granted by the Republic of Kazakhstan to another country of the former USSR.
Protocol on mutual assistance between administrative authorities in customs matters
1. Definitions
For the purposes of this Protocol:
- "customs legislation" shall mean provisions applicable in the territories of the Parties governing the import, export, transit of goods and their placing under any customs procedure, including measures of prohibition, restriction and control and adopted by the said Parties;
- "customs duties" shall mean all duties, taxes, fees or any other charges which are levied and collected in the territories of the Parties, in application of customs legislation, but not including fees and charges which are limited in amount to the approximate costs of services rendered;
- "applicant authority" shall mean a competent administrative authority which has been appointed by a Party for this purpose and which makes a request for assistance in customs matters;
- "requested authority" shall mean a competent administrative authority which has been appointed by a Party for this purpose and which receives a request for assistance in customs matters;
- "contravention" shall mean any violation of the customs legislation as well as any attempted violation of such legislation.
2. Scope
1. The Parties shall assist each other, within their competences, in the manner and under the conditions laid down in this Protocol, in ensuring that customs legislation is correctly applied, in particular by the prevention, detection and investigation of contraventions of this legislation.