4. Judgments given by the Court of Justice of the European Union pursuant to an arbitration clause in a contract within the scope of this Chapter shall be enforceable on the same terms.
Article 360. Confidentiality
Information communicated or acquired in any form under this Chapter shall be covered by professional secrecy and protected in the same way as similar information is protected by the law of the Republic of Armenia and by the corresponding provisions applicable to the institutions of the European Union. Such information may not be communicated to persons other than those in the institutions of the European Union, in the Member States or in the Republic of Armenia whose functions require them to know it, nor may it be used for purposes other than to ensure effective protection of the Parties' financial interests.
Article 361. Approximation of Legislation
The Republic of Armenia shall carry out approximation of its legislation to the acts of the European Union and international instruments referred to in Annex XII in accordance with the provisions of that Annex Declaration concerning Chapter 2 (Anti-fraud provisions)
The obligation to take appropriate measures to remedy any irregularities, fraud, or active or passive corruption practices and exclude conflict of interest at any stage of the implementation of EU funds referred to in Chapter 2 of Title VII is not deemed to establish a financial liability for the Republic of Armenia in respect of obligations assumed by entities and persons under its jurisdiction.
The European Union, while exercising its right of control in accordance with Chapter 2 of Title VII, shall respect national rules on bank secrecy.
Title VII. Institutional, General and Final Provisions
Chapter 1. Institutional Framework
Article 362. Partnership Council
1. A Partnership Council is hereby established. It shall supervise and regularly review the implementation of this Agreement.
2. The Partnership Council shall consist of representatives of the Parties at ministerial level and meet at regular intervals, at least once a year, and when circumstances require. The Partnership Council may meet in any configuration, by mutual agreement.
3. The Partnership Council shall examine any major issues arising within the framework of this Agreement and any other bilateral or international issues of mutual interest for the purpose of attaining the objectives of this Agreement.
4. The Partnership Council shall establish its own rules of procedure.
5. The Partnership Council shall be chaired alternately by a representative of the European Union and a representative of the Republic of Armenia.
6. For the purpose of attaining the objectives of this Agreement, the Partnership Council shall have the power to take decisions within the scope of this Agreement in cases provided for therein. The decisions shall be binding upon the Parties, which shall take appropriate measures to implement them. The Partnership Council may also make recommendations. It shall adopt its decisions and recommendations by agreement between the Parties, with due respect for the completion of the Parties' respective internal procedures.
7. The Partnership Council shall be a forum for the exchange of information on the legislation of the European Union and of the Republic of Armenia, both under preparation and in force, and on implementation, enforcement and compliance measures.
8. The Partnership Council shall have the power to update or amend the Annexes , without prejudice to any specific provisions under Title VI.
Article 363. Partnership Committee
1. A Partnership Committee is hereby established. It shall assist the Partnership Council in the performance of its duties and functions.
2. The Partnership Committee shall be composed of representatives of the Parties, in principle at senior official level.
3. The Partnership Committee shall be chaired alternately by a representative of the European Union and a representative of the Republic of Armenia.
4. The Partnership Council shall determine in its rules of procedure the duties and functioning of the Partnership Committee, whose responsibilities shall include the preparation of meetings of the Partnership Council. The Partnership Committee shall meet at least once a year.
5. The Partnership Council may delegate to the Partnership Committee any of its powers, including the power to take binding decisions.
6. The Partnership Committee shall have the power to adopt decisions in areas in which the Partnership Council has delegated powers to it and in the cases provided for in this Agreement. Those decisions shall be binding upon the Parties, which shall take appropriate measures to implement them. The Partnership Committee shall adopt its decisions by agreement between the Parties, subject to the completion of the Parties' respective internal procedures.
7. The Partnership Committee shall meet in a specific configuration to address all issues related to Title VI. The Partnership Committee shall meet in that configuration at least once a year.
Article 364. Sub-committees and other Bodies
1. The Partnership Committee shall be assisted by subcommittees and other bodies established under this Agreement.
2. The Partnership Council may decide to set up any subcommittees and other bodies in specific areas necessary for the implementation of this Agreement and shall determine their composition, duties and functioning.
3. The subcommittees shall regularly report on their activities to the Partnership Committee.
4. The existence of any of the subcommittees shall not prevent either Party from bringing any matter directly to the Partnership Committee, including in its Trade configuration.
Article 365. Parliamentary Partnership Committee
1. A Parliamentary Partnership Committee is hereby established. It shall consist of members of the European Parliament, on the one hand, and of members of the National Assembly of the Republic of Armenia, on the other, and shall be a forum for them to meet and exchange views. It shall meet at intervals which it shall itself determine.
2. The Parliamentary Partnership Committee shall establish its rules of procedure.
3. The Parliamentary Partnership Committee shall be chaired alternately by a representative of the European Parliament and a representative of the Armenian National Assembly respectively, in accordance with the provisions to be laid down in its rules of procedure.
4. The Parliamentary Partnership Committee may request relevant information regarding the implementation of this Agreement from the Partnership Council, which shall then supply the Parliamentary Partnership Committee with the requested information.
5. The Parliamentary Partnership Committee shall be informed of the decisions and recommendations of the Partnership Council.
6. The Parliamentary Partnership Committee may make recommendations to the Partnership Council.
7. The Parliamentary Partnership Committee may create parliamentary partnership subcommittees.
Article 366. Civil Society Platform
1. The Parties shall promote regular meetings of representatives of their civil societies, in order to keep them informed of, and gather their input for, the implementation of this Agreement.
2. A Civil Society Platform is hereby established. It shall be a forum to meet and exchange views for, and consist of representatives of civil society on the side of the European Union, including members of the European Economic and Social Committee, and representatives of civil- society organisations, networks and platforms on the side of the Republic of Armenia, including the Eastern Partnership National Platform. It shall meet at intervals which it shall itself determine.
3. The Civil Society Platform shall establish its rules of procedure. Those rules of procedure shall include, inter alia, the principles of transparency, inclusiveness and rotation.
4. The Civil Society Platform shall be chaired alternately by a representative of the civil society of the European Union and a representative of the civil society of the Republic of Armenia respectively, in accordance with the provisions to be laid down in its rules of procedure.
5. The Civil Society Platform shall be informed of the decisions and recommendations of the Partnership Council.
6. The Civil Society Platform may make recommendations to the Partnership Council, the Partnership Committee and Parliamentary Partnership Committee.
7. The Partnership Committee and Parliamentary Partnership Committee shall organise regular contacts with representatives of the Civil Society Platform in order to obtain their views on the attainment of the objectives of this Agreement.
Chapter 2. General and Final Provisions
Article 367. Access to Courts and Administrative Organs
Within the scope of this Agreement, each Party undertakes to ensure that natural and legal persons of the other Party have access that is free of discrimination in relation to its own nationals to its competent courts and administrative organs to defend their individual and property rights.
Article 368. Security Exceptions
Nothing in this Agreement shall be construed:
(a) as requiring either Party to furnish any information the disclosure of which it considers contrary to its essential security interests;
(b) as preventing either Party from taking any action which it considers necessary for the protection of its essential security interests:
(i) connected with the production of, or trade in, arms, munitions or war materials;
(ii) relating to economic activities carried out directly or indirectly for the purpose of provisioning a military establishment;
(iii) relating to fissionable and fusionable materials or the materials from which they are derived; or
(iv) taken in time of war or other emergency in international relations;
(c) as preventing either Party from taking any action in pursuance of its obligations under the UN Charter for the purpose of maintaining peace and international security.
Article 369. Non-discrimination
1. In the fields covered by this Agreement and without prejudice to any special provisions contained therein:
(a) the arrangements applied by the Republic of Armenia in respect of the European Union or its Member States shall not give rise to any discrimination between the Member States or their natural or legal persons; and
(b) the arrangements applied by the European Union or its Member States in respect of the Republic of Armenia shall not give rise to any discrimination between natural or legal persons of the Republic of Armenia.
2. Paragraph 1 shall be without prejudice to the right of the Parties to apply the relevant provisions of their fiscal legislation to taxpayers who are not in identical situations as regards their place of residence.
Article 370. Gradual Approximation
The Republic of Armenia shall carry out gradual approximation of its legislation to EU law as referred to in the Annexes, based on commitments identified in this Agreement, and in accordance with the provisions of those Annexes. This Article shall be without prejudice to any specific provisions under Title VI.
Article 371. Dynamic Approximation
In line with the goal of the gradual approximation of the legislation of the Republic of Armenia to EU law, the Partnership Council shall periodically revise and update the Annexes to this Agreement in order, inter alia, to reflect the evolution of EU law and applicable standards set out in international instruments deemed relevant by the Parties, taking into account the completion of the Parties' respective internal procedures. This Article shall be without prejudice to any specific provisions under Title VI.
Article 372. Monitoring and Assessment of Approximation
1. Monitoring shall mean the continuous appraisal of progress in implementing and enforcing measures covered by this Agreement. The Parties shall cooperate in order to facilitate the monitoring process in the framework of the institutional bodies established by this Agreement.
2. The European Union shall assess the approximation of the legislation of the Republic of Armenia to EU law, as referred to in this Agreement. Such assessments shall include aspects of implementation and enforcement. The European Union may conduct such assessments either individually or in agreement with the Republic of Armenia. To facilitate the assessment process, the Republic of Armenia shall report to the European Union on the progress made with regard to approximation, where appropriate before the end of the transitional periods set out in this Agreement in relation to legal acts of the European Union. The reporting and assessment process, including the modalities and frequency of assessments, shall take into account specific modalities laid down in this Agreement or decisions by the institutional bodies established by this Agreement.
3. The assessment of approximation may include on-the-spot missions, with the participation of institutions of the European Union, bodies and agencies, non-governmental bodies, supervisory authorities, independent experts and others, as necessary.
Article 373. Results of Monitoring, Including Assessments of Approximation
1. The results of monitoring activities, including the assessments of approximation referred to in Article 372, shall be discussed in the relevant bodies established under this Agreement. Such bodies may adopt joint recommendations, which shall be submitted to the Partnership Council.
2. If the Parties agree that necessary measures covered by Title VI have been implemented and are being enforced, the Partnership Council, under the powers conferred to it in Article 319 paragraph 3 and Article 335 paragraph 2, shall decide on further market opening where provided for in Title VI.
3. A joint recommendation submitted to the Partnership Council in accordance with paragraph 1, or the failure to reach such a recommendation, shall not be subject to dispute settlement as referred to in Title VI. A decision taken by the Sub-Committee on Geographical Indications, or the failure to take a decision, shall not be subject to dispute settlement as defined in Title VI.
Article 374. Restrictions In Case of Balance-of-payments and External Financial Difficulties
1. Where a Party experiences serious balance-of-payments or external financial difficulties, or where there is a threat thereof, it may adopt or maintain safeguard or restrictive measures which affect movements of capital, payments or transfers.
2. The measures referred to in paragraph 1 shall:
(a) not treat a Party less favourably than a non-Party in like situations;
(b) be consistent with the Articles of Agreement of the International Monetary Fund of 1944, as applicable;
(c) avoid unnecessary damage to the commercial, economic and financial interests of the other Party;
(d) be temporary and be phased out progressively as the situation specified in paragraph 1 improves.
3. In the case of trade in goods, a Party may adopt or maintain restrictive measures in order to safeguard its balance-of-payments or external financial position. Such measures shall be in accordance with GATT 1994 and the Understanding on the Balance of Payment Provisions of GATT 1994.
4. In the case of trade in services, a Party may adopt restrictive measures in order to safeguard its balance-of-payments or external financial position. Such measures shall be in accordance with GATS.
5. Any Party maintaining or having adopted restrictive measures referred to in paragraph 1 shall promptly notify the other Party of them and present, as soon as possible, a time schedule for their removal.
6. Where restrictions are adopted or maintained under this Article, consultations shall be held promptly in the Partnership Committee, if such consultations are not otherwise taking place outside the scope of this Agreement.
7. The consultations shall assess the balance-of-payments or external financial difficulties that led to the respective measures, taking into account, inter alia, such factors as:
(a) the nature and extent of the difficulties;
(b) the external economic and trading environment; or
(c) alternative corrective measures which may be available.
8. The consultations shall address the compliance of any restrictive measures with paragraphs land 2. 9. In such consultations, all statistical findings and other facts presented by the International Monetary Fund relating to foreign exchange, monetary reserves and balance of payments shall be accepted by the Parties and conclusions shall be based on the assessment by the International Monetary Fund of the balance of payments and the external financial position of the Party concerned.
Article 375. Taxation
1. This Agreement shall only apply to taxation measures in so far as such application is necessary to give effect to the provisions of this Agreement.
2. Nothing in this Agreement shall be construed as preventing the adoption or enforcement of any measure aimed at preventing the avoidance or evasion of taxes pursuant to the tax provisions of agreements for the avoidance of double taxation, other tax arrangements or domestic fiscal legislation.
Article 376. Delegated Authority
Unless otherwise specified in this Agreement, each Party shall ensure that any person, including a state-owned enterprise, an enterprise granted special rights or privileges or a designated monopoly that has been delegated regulatory, administrative or other governmental authority by a Party at any level of government, acts in accordance with the Party's obligations as set out under this Agreement in the exercise of that authority.
Article 377. Fulfilment of Obligations
1. The Parties shall take any measures required to fulfil their obligations under this Agreement. They shall ensure that the objectives set out in this Agreement are attained.
2. 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.
3. Each Party shall refer to the Partnership Council any dispute related to the interpretation or implementation of this Agreement in accordance with Article 378.
4. The Partnership Council may settle a dispute by means of a binding decision in accordance with Article 378.
Article 378. Dispute Settlement
1. When a dispute arises between the Parties concerning the interpretation or implementation of this Agreement, either Party shall submit to the other Party and the Partnership Council a formal request that the matter in dispute be resolved. By way of derogation, disputes concerning the interpretation and implementation of Title VI shall be exclusively governed by Chapter 13 of Title VI.
2. The Parties shall endeavour to resolve the dispute by entering into good-faith consultations within the Partnership Council with the aim of reaching a mutually acceptable solution in the shortest time possible.
3. Consultations on a dispute can also be held at any meeting of the Partnership Committee or any other relevant body referred to in Article 364, as agreed between the Parties or at the request of either of the Parties. Consultations may also be held in writing.
4. The Parties shall provide the Partnership Council, the Partnership Committee or any other relevant subcommittees or bodies with all information required for a thorough examination of the situation.
5. A dispute shall be deemed to be resolved when the Partnership Council has taken a binding decision to settle the matter in accordance with Article 377 paragraph 4, or when it has declared that the dispute has reached an end.
6. All information disclosed during the consultations shall remain confidential.
Article 379. Appropriate Measures In Case of Non-fulfilment of Obligations
1. A Party may take appropriate measures if a matter in dispute is not resolved within three months of the date of notification of a formal request for dispute settlement in accordance with Article 378 and if the complaining Party continues to consider that the other Party has failed to fulfil an obligation under this Agreement. The requirement for a three-month consultation period shall not apply to exceptional cases set out in paragraph 3 of this Article.
2. In the selection of appropriate measures, priority shall be given to those which least disturb the functioning of this Agreement. Except in cases described in paragraph 3 of this Article, such measures may not include the suspension of any rights or obligations provided for under provisions of this Agreement, set out in Title VI. The measures referred to in paragraph 1 of this Article shall be notified immediately to the Partnership Council and shall be the subject of consultations in accordance with Article 377 paragraph 2 and of dispute settlement in accordance with Article 378 paragraphs 2 and 3.
3. The exceptions referred to in paragraphs 1 and 2 shall concern:
(a) denunciation of this Agreement not sanctioned by the general rules of international law, or
(b) violation by the other Party of any of the essential elements of this Agreement, referred to in Article 2 and Article 9 paragraph 1.
Article 380. Relation to other Agreements
1. This Agreement replaces the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Armenia, of the other part ("the PCA"), which was signed in Luxembourg on 22 April 1996 and entered into force on 1 July 1999. References to the PCA in all other agreements between the Parties shall be construed as referring to this Agreement.
2. This Agreement shall not, until equivalent rights for natural and legal persons have been achieved under this Agreement, affect rights ensured to them through existing agreements binding one or more Member States, on the one hand, and the Republic of Armenia, on the other.
3. Existing agreements relating to specific areas of cooperation falling within the scope of this Agreement shall be considered part of the overall bilateral relations governed by this Agreement and as forming part of a common institutional framework.
4. The Parties may complement this Agreement by concluding specific agreements in any area falling within its scope. Such specific agreements shall be an integral part of the overall bilateral relations governed by this Agreement and shall form part of a common institutional framework.
5. Without prejudice to the relevant provisions of the Treaty on European Union and the Treaty on the Functioning of the European Union, neither this Agreement nor action taken hereunder shall in any way affect the powers of the Member States to undertake bilateral cooperation activities with the Republic of Armenia or to conclude, where appropriate, new cooperation agreements with the Republic of Armenia.
Article 381. Duration
1. This Agreement is concluded for an unlimited period.
2. Either Party may denounce this Agreement by means of a written notification delivered to the other Party through diplomatic channels. This Agreement shall terminate six months from the date of receipt of such notification.
Article 382. Definition of the Parties
For the purposes of this Agreement, the term "Parties" means the European Union, or its Member States, or the European Union and its Member States, in accordance with their respective powers as derived from the Treaty on European Union and the Treaty on the Functioning of the European Union, and, where relevant, it shall also refer to Euratom, in accordance with its powers under the Treaty establishing the European Atomic Energy Community, of the one part, and the Republic of Armenia, of the other part.
Article 383. Territorial Application
This Agreement shall apply, on the one hand, to the territories in which the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing 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 Republic of Armenia.
Article 384. Depositary of the Agreement
The General Secretariat of the Council of the European Union shall be the depositary for this Agreement.
Article 385. Entry Into Force, Final Provisions and Provisional Application
1. The Parties shall ratify or approve this Agreement in accordance with their own procedures.
The instruments of ratification or approval shall be deposited with the depositary.
2. This Agreement shall enter into force on the first day of the second month following the date of deposit of the last instrument of ratification or approval.
3. This Agreement may be amended in writing by common consent of the Parties. Such amendments shall enter into force in accordance with the provisions of this Article.
4. The Annexes and Protocols shall form an integral part of this Agreement.
5. Notwithstanding paragraph 2, the European Union and the Republic of Armenia may provisionally apply this Agreement in whole or in part, in accordance with their respective internal procedures and legislation, as applicable.
6. The provisional application shall be effective from the first day of the second month following the date of receipt by the depositary of the following:
(a) the European Union's notification on the completion of the procedures necessary for that purpose, indicating the parts of this Agreement that shall be provisionally applied; and
(b) Republic of Armenia's deposit of the instrument of ratification in accordance with its procedures and applicable legislation.
7. For the purposes of the relevant provisions of this Agreement, including the Annexes and Protocols thereto, any reference in such provisions to the "date of entry into force of this Agreement" shall be understood to the "date from which this Agreement is provisionally applied" in accordance with paragraph 5.
8. The provisions of the PCA shall, in so far as they are not covered by the provisional application of this Agreement, continue to apply during the period of provisional application. 9. Either Party may give written notification to the depositary of its intention to terminate the provisional application of this Agreement. Termination of provisional application shall take effect six months after receipt of the notification by the depositary.
Article 386. Authentic Texts
This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Armenian languages, each text being equally authentic.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly authorised to this effect, have signed this Agreement.
FOR THE KINGDOM OF BELGIUM
FOR THE REPUBLIC OF BULGARIA
FOR THE CZECH REPUBLIC