THE KINGDOM OF BELGIUM,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
IRELAND,
THE ITALIAN REPUBLIC,
THE GRAND DUCHY OF LUXEMBOURG,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE PORTUGUESE REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty establishing the EUROPEAN COMMUNITY, the Treaty
Establishing the EUROPEAN COAL AND STEEL COMMUNITY, and the Treaty establishing the EUROPEAN ATOMIC ENERGY COMMUNITY,
Hereinafter referred to as "the Member States", and of
The EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL COMMUNITY, and the EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as "the Community",
Of the one part, and
The plenipotentiary of the REPUBLIC OF KAZAKHSTAN, of the other part,
Meeting at Brussels on 23 January in the year one thousand nine hundred and ninety-five for the signature of the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part, hereinafter referred to as the "Agreement", have adopted the following texts:
The Agreement including its Annexes and the following Protocol:
Protocol on mutual assistance between administrative authorities in customs matters
The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of the Republic of Kazakhstan have adopted the texts of the Joint Declarations listed below and annexed to this Final Act:
Joint Declaration concerning Article 13 of the Agreement Joint Declaration concerning Article 23 of the Agreement
Joint Declaration concerning the notion of "control" in Article 25(b) and Article 36 of the Agreement
Joint Declaration concerning Article 42 of the Agreement Joint Declaration concerning Article 93 of the Agreement
The plenipotentiaries of the Member States of the Community and the plenipotentiaries of the Republic of Kazakhstan have further taken note of the Declaration by the French Government annexed to this Final Act:
Declaration by the French Government on its overseas countries and territories.
Joint declaration concerning Article 13
The Community and the Republic of Kazakhstan declare that the text of the safeguard clause does not grant GATT safeguard treatment.
Joint declaration concerning Article 23
Without prejudice to the provisions of Articles 37 and 40, the Parties agree that the words "in conformity with their legislation and regulations" mentioned in paragraphs 1 and 2 of Article 23 mean that each Party may regulate the establishment and operation of companies on its territory, provided that these regulations do not create for the establishment and operation of companies of the other Party any new reservations resulting in a less favourable treatment than that accorded to their own companies or to companies, branches or subsidiaries of companies of any third country.
Joint declaration concerning the notion of control in Article 25 (b) and Article 36
1. The Parties confirm their mutual understanding that the question of control shall depend on the factual circumstances of the particular case.
2. A company shall, for example, be considered as being "controlled" by another company, and thus a subsidiary of such other company if:
- The other company holds directly or indirectly a majority of the voting rights, or
- The other company has the right to appoint or dismiss a majority of the administrative organ, of the management organ or of the supervisory organ and is at the same time a shareholder or member of the subsidiary.
3. Both Parties consider the criteria in paragraph 2 to be non-exhaustive.
Joint declaration concerning Article 42
The Parties agree that for the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, the rights relating to patents, industrial designs, geographical indications, including appellations of origin, trademarks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Article 10 bis of the Paris Convention for the protection of Industrial Property and protection of undisclosed information on know-how.
Joint declaration concerning Article 93
The Parties agree, for the purpose of its correct interpretation and its practical application, that the term "cases of special urgency" included in Article 93 of the Agreement means cases of material breach of the Agreement by one of the Parties. A material breach of the Agreement consists in
(a) repudiation of the Agreement not sanctioned by the general rules of international law or
(b) violation of the essential elements of the Agreement set out in Article 2.
Declaration by the French government
The French Republic notes that the Partnership and Cooperation Agreement with the Republic of Kazakhstan does not apply to the overseas countries and territories associated with the European Community pursuant to the Treaty establishing the European Community.